Guwahati Court February 1981 Judgments
ikop Laidakol Fishing Co-operative Society Ltd. Vs. State of Manipur a ...
Court: Guwahati
Decided on: Feb-27-1981
K.N. Saikia, J. 1. In this Writ Application, the Ikop Laidakol Fishing Co-operative Society Ltd., (hereinafter referred to as the 'petitioner-Society') impugns the order No. 14/2/77-Fy (Pt-1) dated 29-10-80 issued by the Commissioner (Fishery), Government of Manipur, cancelling the Government's previous order dated 31-10-1980, under which extension of lease term of the Ikop Fishery No. 160/ 161 in favour of Shri Maibam Konungjao Singh, Chairman of the petitioner-society for a period of one year from 1-4-80 to 31-3-81 was given; and also the order in Memo No. 14/3/77-FY (pt-1) (2) dated 29-10-80, issued by the Commissioner (Fishery) Government of Manipur, ac-cording sanction to the acceptance of the highest bid of Rs. 1,56,000/- (Rupees one lakh fifty-six thousand) per annum being lease amount of Ikop Fishery No. 160/161, (hereinafter referred to as the 'fishery') in favour of two individual highest joint bidders Shri Th. Badul Singh, respondent no. 4 and Shri Ksh. Shamu Singh, respo...
Tag this Judgment!Jagat Upadhyaya Etc. Vs. the Secretary, Mahkuma Parishad, Kokrajhar an ...
Court: Guwahati
Decided on: Feb-26-1981
B.L. Hansaria, J. 1. All these Civil Rules are directed against the attempts to realise the arrears which according to respondent No. 1 had accrued on account of settlement taken by the petitioners of Daily Bazars for the year 1968-69. The facts in Civil Rule No. 495/73 alone may be noted which would throw light on the nature of the controversy. 2. What happened was that the petitioner in this case submitted tender from Bijni Hat for the year mentioned above. There is a specific averment in the petition that in the tender it was stated that tolls will stand increased and tenders should be submitted keeping in view that aspect of the matter. Accordingly this petitioner submitted tender of Rs. 17,666/-. His further case is that he could not realise tolls at the enhanced rate as the shopkeepers refused to pay the same. This fact was brought to the notice of Mahakuma Parishad who took some steps which proved abortive. The petitioner however paid first two kists but failed to pay the 3r...
Tag this Judgment!R.K. Nokulsana Singh Vs. Rishang Keising and ors.
Court: Guwahati
Decided on: Feb-23-1981
K.N. Saikia, J. 1. The writ petitioner prays for writs of quo warranto to remove from office respondents Nos. 1 to 8 being the Chief Minister and Ministers of Manipur, on the ground that their Government no longer enjoys support of majority in the Legislative Assembly. 2. Unicameral State of Manipur has a Legislative Assembly of 60 members. After the last Assembly Election, the partywise strength emerged as: (a) Congress (I) -- 13.(b) Congress (U) -- 6.(c) C. P. I. -- 5.(d) Janata. -- 10.(e) C. P. I. (M) -- 1.(f) Independents -- 21.(g) M. P. P. (Manipur peoplesparty). -- 3. As no party secured absolute majority,three parties, namely, the Congress(I), the Congress (U). and the M. P. P.formed a United Front and a coalitionMinistry, several independent members,meanwhile, having joined Congress (I),enabling the Ministry to enjoy majority support. Shri R. K. Dorendra Singh,as the Chief Minister and the Ministerswere sworn in on 14-1-1980. Shri R. K.Dorendra Singh's resignation was accept...
Tag this Judgment!Dilip Kumar Rajkhowa Vs. District Magistrate, Nowgong and ors.
Court: Guwahati
Decided on: Feb-19-1981
1. This is a habeas corpus petition where the detenu has been detained under Section 3(2) of the National Security Act, 1980, with a view to 'preventing him from acting in a manner prejudicial to the security of the State, the maintenance of public order'. The petitioner was furnished with a copy of the grounds. The first three grounds read as under: 'Grounds of detention of Shri Dilip Raj-khowa, S/o Bishnu Rajkhowa, Village Teliagaon, P. S. Nowgong, Dist. Nowgong (Assam). 1. You as an active member of Jaliyata-badi Dal, Nowgong branch attended a number of meetings of the J, B. D. and emphasised the need to form branch committees of the District at different places of the District and actively mobilising the people to be united under the banner of the J.B.D. to launch agitation on the foreigners issue, Soon after beginning of the current agitation for which an order for your detention under P. D. Act was issued by the District Magistrate, Nowgong on 18-4-80 for your prejudicial act...
Tag this Judgment!Tankeswar Duara Vs. the Assam Board of Revenue, Gauhati and ors.
Court: Guwahati
Decided on: Feb-11-1981
N. Ibotombi Singh, J. 1. This petition under Article 226 of the Constitution is directed against the order dated 6-9-1980 passed by the Assam Board of Revenue in its appellate jurisdiction under the Assam Excise Act, 1910. 2. The facts giving rise to this petition may be stated as follows : Tenders were invited for settlement of No. 5 Barpathar Country Liquor Shop in Golaghat Sub-Division for a period from 1-4-1980 to 31-3-1981. The petitioner and the respondents 3, 4 and 5 were amongst the persons who submitted tenders for settlement of the said shop. The Sub-Divisional Officer, Golaghat (hereinafter called 'the Primary Authority') by an order dated 28-2-1980 settled the shop with Sri Tankeswar Duara, petitioner before us for the said period. The respondents 3, 4 and 5 preferred separate appeals before the Assam Board of Revenue under Section 9(1) of the Assam Excise Act, registered as appeals Nos. 64E/80, 103E/80 and 128E/80 respectively. In the appeal preferred by respondent No. 3...
Tag this Judgment!Ex. Naik Chaturbhuj Vs. the State and ors.
Court: Guwahati
Decided on: Feb-07-1981
K.N. Saikia, J.1. This criminal revision, is against the appellate Judgment and order of the Sessions Judge, Cachar, upholding the Judgment and order of the Assistant Commandant, 15th Bn. and Magistrate 2nd Class, Central Reserve Police Force, C/o 19 APO convicting the accused petitioner Under Section 10 (p) and (m) of the Central Reserve Police Force Act, 1949, hereinafter called 'the Act'.2. On 13-10-1972 the accused petitioner Ex. Naik Chaturbhuj No. 62014153 attached to RHQ (Badribasti) was informed during evening roll call by Jitar Singh and Jem Bhairab Dutt, l/c. Rear Head Quarter that there was a command for him to proceed by first means and report at Bn. HQ at Kolasib on 14-10-1972 and a Bn. vehicle would be going to the HQ that day. On 14-10-1972 the accused petitioner absented himself from the camp and did not fall in. L/NK Ramji Chaube and L/NK Auter Singh were sent to accompany him to the Bn. HQ but he refused to accompany them saying that he would go only after a written ...
Tag this Judgment!Md. Rustom Ali Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Feb-07-1981
K. Lahiri, J. 1. The State has unsettled the settlement of Jaluguti Bazar. The Executive Committee. Morigaon Mahkuma Parishad had settled it with the petitioner for the year 1980-81 (1-7-80 to 30-6-81). By the impugned order D/- 4-10-80 the State awarded the settlement in favour of Respondent No. 4. The petitioner had by that time managed the bazar almost continuously, on due execution of the lease deed and upon payment of Rs. 42,000/- and odd. By virtue of the impugned order Respondent No. 4 could have enjoyed it for a broken period of about 7 months only and he can enjoy it for about 4 months henceforward. The order of unsettlement of the petitioner as well as direct settlement in favour of Respondent No. 4 by the State Government is a composite order which has been Questioned by the petitioner in this writ application. The battle for settlement commenced on 19-6-80 and the field of battle is covered by the Assam Panchayat Rai Act.2. The word 'Panch1' has an ancient flavour; it has...
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