Guwahati Court April 1981 Judgments
Munshi Soren and ors. Vs. the State of Assam
Court: Guwahati
Decided on: Apr-30-1981
D. Pathak, Actg. C.J.1. A brief narrative of the facts giving rise to this appeal from jail depicts a horrendous and luried scenario of the obsolescent .superstition of witch-hunting taking the toll of the life of an innocent man, Chida Soren and his wife Sumi Mardi. No. 2 Demdema village within the jurisdiction of Gossaigaon Police Station was afflicted with diseases causing the death of several children including two of the appellant Sikiram Soren and three of appellant Som Soren, after short spell of fever. The villagers were obsessed with belief that their co-villager, Chida Soren was an imp and his wife Sumi Mardi a witch. The villagers thought that they cast evil spirits on the children of the village, several of whom fell ill and died. On 18-8-1975 at nightfall the villagers gathered in a meeting in an open space of the village. Deceased Chida Soren also attended as he was called to come to the meeting. It is the prosecution case that appellant Som Soren, , Munshi Soren, Sikira...
Tag this Judgment!Haren Kalita Vs. the State of Assam
Court: Guwahati
Decided on: Apr-24-1981
D. Pathak, Ag. C.J.1. This appeal from Jail is directed against the 1udg-ment and order dated 8-11-79 passed by the learned Sessions Judge. Kamrup. Gauhati in Sess, Case No. 115 (K-G) of 1977, whereby the appellant was convicted under Section 302. I.P.C. and sentenced to rigorous imprisonment for life.2. A brief narration of the fact leading to the present appeal is that deceased Thaneswar who was originally a man of Urput village shifted to Rongpur village before the date of occurrence. At Rongpur village he purchased a plot of land near the house of his niece. Niroda Kalita (P. W. 8), his sister's daughter married to P. W. 7. Amrit Kalita. as the construction of his house was not complete he stayed with P. W. 7. Amrit Kalita temporarily. On the date of occurrence on 11-12-75 he went out for some purpose and it was at about 9 P. M. somebody attacked him with a dagger near his house under construction. On receipt of the iniurv he gave a scream and on hearing cry of distress of the dec...
Tag this Judgment!Nichar Ali Vs. State of Assam
Court: Guwahati
Decided on: Apr-23-1981
K. Lahiri, J.1. learned Counsel for the appellant has contended that, at best, this case is punishable Under Section 304, Part I Indian Penal Code and does not fall within the four corners of Section 302, I. P. C, It arose out of a sudden quarrel at the point when the prosecution as well as the accused sides were surcharged with passion, Mayur came at the scene of the occurrence from nowhere to become the victim of Huja assault. Only one blow was given, The weapon of assault was neither seized nor produced by the prosecution because it must have been an ordinary weapon which, in the ordinary course of events could not have produced death, The contentions have strong merits,2. The prosecution case is that over a goat there was a quarrel going on between the parties from morning and it continued. As it often happens, there was a smouldering fire, but the woman-folk fanned the fire, asked the combatants to be more manly. Thus the quarrel took a bad turn. However, misfortune as it would h...
Tag this Judgment!Bayadas Bowri Vs. State of Assam
Court: Guwahati
Decided on: Apr-23-1981
K. Lahiri, J.1. In a Welfare State the stance of the Public Prosecutor must be in harmony with the Preamble, the Directive Principles and in symphony with the threefold pillars of Article 21 of the Constitution— 'fair, just and reasonable'. A Public Prosecutor under the Constitutional Law as well as the Criminal P. C. must have the strength 'not to disown the poor or bend his knees before the insolent might'. He should have strength to raise his mind high above the daily strifes and surrender his strength that he derives from law to the services of the people with love. Lawyer's assistance is invaluable to a Judge and Justice may be defeated if the Public Prosecutor fails to lay all the cards fairly and squarely before the Court to enable it to look into the materials in the midst of voluminous records. A judgment is the reflection of the learning of 'the Bar' and is a contribution of the lawyer. Justice is blind — 'Justice discards party, friendship and kindred and is, th...
Tag this Judgment!indreswar Kalita Vs. the State of Assam
Court: Guwahati
Decided on: Apr-22-1981
K. Lahiri, J.1. The short point that falls for consideration in this criminal appeal is whether there was grave and sudden provocation which prompted the appellant to deal a dao blow on the deceased. A corollary question came, up for consideration is whether the accused was otherwise in proper mental frame at or about the time of the occurrence- It may be stated that the accused has not pleaded insanity as defence.2. At all relevant time the accused was aged hardly 18 to 19 years. We find the background of the accused from the evidence of P. W. 4 Malati Bora who states that the accused had a fit of insanity or mental derangement about 2 or 3 years prior to the incident for which finding no other alternative the accused had to be sent to jail and kept in confinement for about 5 months. This background is pictured by the prosecution itself. The allegation against the accused is that he dealt a dao blow on his sister-in-law (elder brother's wife) on 22-11-1975 at about 9.30 A. M. 'Dao' i...
Tag this Judgment!Prakash Chandra Dutta Vs. District Magistrate and anr.
Court: Guwahati
Decided on: Apr-21-1981
K. Lahiri, J.1. The habeas corpus petition must be allowed on the score that Grounds Nos. 1, 4, 8 and 13 have no rational connection with the purposes of detention, namely, maintenance of public order or maintenance of supplies and services essential to the community. We quote the said grounds:1. On August 12, 1980 you attended a closed door meeting on the Tinsukia Unit of AASU held at Bipin Bora High School with Shri Ajit Hazarika in the chair. You along with Sarvashri Buddha Ranjan Bora, Purna Das, Tarun Gogoi and few others decided to work against opening of schools at Tinsukia from August, 1980. ** **4. On August 25, 1980 you attended Executive Committee meeting of Dibrugarh District Students Union held at Digboi College. You were suspended from the Students Union for assaulting and garlanding with shoes Shri Samsher Singh, Treasurer, Tinsukia Unit of AASU. Being enraged at the decision of the Executive Committee you left the meeting and re-entered Digboi College Campus with two c...
Tag this Judgment!Smt. Bina Barua and ors. Vs. Dalowjan Tea Co. (P.) Ltd. and ors.
Court: Guwahati
Decided on: Apr-21-1981
K.N. Satkta, J. 1. This is a company petition under Section 155 of the Com-panies Act, 1956 (hereinafter ' the Act'), for rectification of the register of members. 2. Late, Dhrubajyoti Barua, husband of petitioner No. 1 and father of petitioners Nos. 2 and 3, who owned 900 equity shares in the Dalowjan Tea Company (Private) Ltd. (hereinafter ' the company ') died on September 5, 1973, intestate. The District Judge, U.A.D. at Jorhat, appointed petitioner No. 1 as the guardian of her son and daughter, petitioners Nos. 2 and 3, and all the three now reside at Shillong. Petitioner No. 1 obtained on July 26, 1974, a succession certificate but it did not cover the 900 shares of late Dhrubajyoti Barua in the company. Petitioner No. 1 having applied for extension of the certificate under Section 376 of the Indian Succession Ac.t, the extension was granted on June 8, 1977, so as to include the 900 shares (annex. A). On receipt of the extended certificate the petitioner No. 1 wrote to the compa...
Tag this Judgment!Pradip Das Vs. District Magistrate and anr.
Court: Guwahati
Decided on: Apr-20-1981
K. Lahiri, J.1. Preventive detention laws have been supported on the score that 'malignant diseases call for drastic remedies'. But what curative method is taken when a young person pines 'in bastille'. It is true that under certain circumstances, detention is essential for the security of the State, to maintain public order as well as to maintain supplies and services essential to the community. The persons are detained so that they may not stand in the way of the security of the State/ Public order/maintenance of supplies and services. But it is a detention without trial and based exclusively on the subjective satisfaction of the detaining authority. The detenus invariably brood within the four corners of the jail walls and say that 'justice' was denied to them. The detention laws have been made by parliament and it is a valid law and we must render our judgment 'in accordance with law'. But Judges have responsibilities to the society, to the State and to the future generation. A cl...
Tag this Judgment!Brindaban Goswami Vs. Dist. Magistrate and anr.
Court: Guwahati
Decided on: Apr-20-1981
K.M. Lahiri, J.1. The petitioner has been detained under Section 3(2) of the National Security Act. for short 'the Act', with a view to preventing him from acting in any manner urejudicial to the maintenance of public order/ thf maintenance of supolv and services essential to the community.2. We set forth the grounds of detention :—Sri Brindabon Goswami. aged about 31 years S/o Sri Tulshi Goswami of Chandmari, Tezpur Town is a Graduate but he is without employment. He is an Ex-president of all Assam Students' Union, He has been closely associating himself with the current agitaLon in Darrane district and organising 'bundh' picketing, 'Satyagraha' has been causing a serious disturbance to public order besides disrupting the oupply and services essential to the community.For his prejudicial activities, order for his detention under the Assam Preventive Detention Ordinance 1980 was issued on 18-4-1980. He could not however be detained as he went underground. Subsequently, he came o...
Tag this Judgment!Smt. Provati Devi Vs. Bokul Chandra Nath and anr.
Court: Guwahati
Decided on: Apr-20-1981
K.N. Saikia, J. 1. This Civil Revision is from the appellate judgment and decree of the Assistant District Judge, Karimganj, Cachar, dismissing the appeal The defendant-petitioner tenant Smt. Provati Devi was sued by the plaintiff-respondent No. 1 for arrears of rent for the suit holding @ Rs. 70 per month and compensation, for the period from 16-8-76 to 31-7-77 totalling Rs. 1,000. The pro formadefendant-respondent No. 2 Shri Nipu Ranjan Sana was the minor landlord. The plaintiff claimed to have purchased the suit holding by a registered sale deed dated 16-8-76 and to have acquired the right, title and interest thereon from the pro forma defendant and hence claimed arrear rent from the defendant-petitioner, or, if she has already paid to the pro forma defendant, from him. The defendant-petitioner resisted the suit on two grounds. First, the sale by the pro forma defendant to the plaintiff was collusive as the former having been a minor his father Purna Chandra Saha earlier agreed to...
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