Guwahati Court September 1981 Judgments

State of Assam and ors. Vs. Nalini Kanta Doloi

Court: Guwahati

Hansaria, J. 1. An unmarried girl aged about 15/16 years, as was Renubala Doloi at the relevant time, met her end to a motor accident which took place at bout 8-30 A.M. of 22-9-1974 on National High Way No, 37 near Dharamtul Marriage of Renu was however in sight. Only a few months were left to see her depart from the parents' loving care--she was to be wed in Magh, the accident being in Aswin. Renu was a student of Class IX and had gone to a nearby house to fetch a pencil, not knowing that it was going to cost her life. According to the claimant she was returning to her house by the left side of the road- A vehicle bearing registration No. ASZ 9639 knocked her from behind. The car was in high speed. Despite the accident, the car did not stop, maybe because a Minister of the Government of Assam was travelling in the vehicle. The girl sustained grievous in-juries and was shifted to Nowgong Civil Hospital where she succumbed on 24-9-1974. A claim of Rs. 50,000 was lodged by the father of...

Smt. Thokchom Ningol Kangujam Ongbi Thoibi Devi and Etc. Vs. General O ...

Court: Guwahati

K.N. Saikia, J.1. Should a writ in the nature of habeas corpus issued when the alleged illegal detention has de facto ceased before the application for the writ is made? This is the precise question involved in these two analogous Civil Rules.2. Three boys, namely, (1) Kangujam Loken Singh, alias Premjit Singh, aged 21 years, of Khongman Makha, (2) Thokchom Logendra Singh, aged 19 years, of Pebis Pandit Leikai, Singjamei Makha, and (3) Kangujam Iboyaima Singh, aged 19 years, of Khongman Okram Chuthek Makha, were taken into custody by army personnel belonging to the J. K. Army Rifle of Manipur, Imphal on 23-9-1980 from their houses. Of the three, the third, namely, Kangujam Iboyaima Singh, was admittedly released on 25-9-1980 and arrived back home on 26-9-1980 while the other two have not yet returned home3. As regards Kangujam Loken Singh, alias Premjit Singh, Kangujam Joykumar Singh, his elder brother, on 24-9-1980 lodged a complaint to the Officer-in-charge, Singjamei Police Station...

Bejiram Ingty Vs. State of Assam and ors.

Court: Guwahati

Lahiri, J. 1. Three true questions have come up for solution in the Civil Rule under a different setting. The questions to be resolved are :-- (1) Whether stone is a 'Forest produce' within the meaning of the Assam Forest Regulation, 1891 (Regulation VII of 1891), or under the Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967, hereinafter called 'the Rules'?; (2) Whether the petitioner is obliged to pay any amount to the State who had offered extension of the settlement/leasebut the petitioner refused to accept? Whether the mere offer of extension by the State which was not accepted by the petitioner created any 'contract' on the basis of which the State could proceed to recover the amount of Rupees 9387,75, allegedly for breach of contract, and, recover the amount in Revenue Recovery proceedings and (3) Whether a proceeding for recovery of the said amount can be taken by the respondents under the Assam Land Revenue Regulation, 1898, or 'the Rule' framed there...

The State Vs. Abinash Dutta

Court: Guwahati

B.L. Hansaria, J.1. The two accused-appellants are brothers - Abinash being elder to Kalidas. Both have been found guilty Under Section 302/34, IPC But Abinash has been sentenced to death mainly because of his past conduct which had led to his conviction earlier Under Sections 302 and 307, I. P. C for the offence of committing murder of his daughter and mother-in-law, in which transaction attempt was also made to murder his wife. This was in Sessions Trial No. 19 of 1970. Kalidas has, however, been awarded sentence of imprisonment for life.2. The place of occurrence is the house of the two brothers which had no other inmates. It is situated at Rabin-dranagar, about a mile off from Sonamura Police Station. The date of occurrence is 23-4-79. Sankar deceased with the company of Chhabi Meah P.W. 3 visited this house at about 8-30 P.M. To believe Chabi, while they were passing in front of the house, Kalidas called Sankar in saying he had some business with him. Earlier this witness h...

The State Vs. Abinash Dutta

Court: Guwahati

Reported in: 1982CriLJ400

B.L. Hansaria, J.1. The two accused-appellants are brothers - Abinash being elder to Kalidas. Both have been found guilty Under Section 302/34, IPC But Abinash has been sentenced to death mainly because of his past conduct which had led to his conviction earlier Under Sections 302 and 307, I. P. C for the offence of committing murder of his daughter and mother-in-law, in which transaction attempt was also made to murder his wife. This was in Sessions Trial No. 19 of 1970. Kalidas has, however, been awarded sentence of imprisonment for life.2. The place of occurrence is the house of the two brothers which had no other inmates. It is situated at Rabin-dranagar, about a mile off from Sonamura Police Station. The date of occurrence is 23-4-79. Sankar deceased with the company of Chhabi Meah P.W. 3 visited this house at about 8-30 P.M. To believe Chabi, while they were passing in front of the house, Kalidas called Sankar in saying he had some business with him. Earlier this witness had met ...

Lachit Bordoloi Vs. State of Assam and anr.

Court: Guwahati

Pathak, Ag. C.J.1. This is petition under Article 226 of the Constitution challenging the order dated 2nd July, 1981, passed by the District Magistrate, Nowgong, in the purported exercise of power Under Section 3 of the National Security Act, (for brief 'the Act', by which the petitioner has been detained with a view to preventing him to act in any manner prejudicial to the security of the State and in any manner prejudicial to the maintenance of public order.2. The grounds of detention were served on the petitioner against which he made representation. The detention order has also been confirmed by the competent authority.The grounds of detention are five in number, annexed to the petition as Annexure II, They read as follows:Grounds of detention of Shri Lachit Bordoloi.1. You planted an explosive at the bus stand of Dhing Syndicate at Nowgong on 20-12-1980 at about 8.15 P. M.2. You planted borribs in the residence of Shri Bharat Bhuyan and Shri Lakhi Hazarika, president and Secretar...

Gandhamoyee Devi Vs. Collector of Kamrup, Gauhati

Court: Guwahati

Lahiri, J. 1. The three-tier land acquisition proceedings took 21 years and 6 months to conclude. Those responsible for the inordinate delay must be up and doing to see that such remiss do not recur in future. If such procrastination, apathy and negligence continue it wouldculminate in the destruction of the court system without which no democracy can survive. Values in all spheres of life and society are dwindling, crashing down and with it the money value. One is just to glance at the Price Index to notice how prices have gone up since 1960 (the year of acquisition). The relevant Notification Under Section 4(1) was made on 9-3-1960, so the compensation has to be pegged to the market value as on that date. Of course about 22 years have rolled by since, thanks to delay which has come to stay permanently in the administrative and forensic processes of our land. One of us lamented in similar tune in F. A. No. 117 of 1966, Collector of Kamrup v. Rabiran, decided on 4-8-1976, It seems tha...

Bindeshwar Narayan Singh and ors. Vs. Managing Committee, Shri Sundarm ...

Court: Guwahati

Saikia, J. 1. The M.A. (F) No, 17 of 1981 is from the judgment dated 13-3-81 of the Assistant District Judge, Sibsagar, Jorhat in Misc. Case No. 18 of 1981, arising out of Title Suit No. 33 of 1979, issuing temporary injunction restraining the defendants Nos. 6 to 13 from receiving any grant-in-aid from defendant No. 1(State of Assam) in the name of ShriSundarmal Hindi M. E. School and alsorestraining the defendant No. 1 fromsanctioning any grant in that name. Misc. Case No. 16/81 is the application under Order 41, Rule 5 and/or Section 151, C.P.C., filed bycontesting defendants praying for stay ofoperation of the aforesaid impugnedjudgment. They are heard and. disposedof together. 2. On 28-4-79 the Managing Committee of Shri Sundarmal Hindi High School, Sibsagar with 13 members thereof instituted Title Suit No. 33 of 1979 (now pending) against the State of Assam, four of its officials, and the Managing Committee of Rajakiya Sundarmal Hindi Madhyamik Bidyalaya (Provincialised Sunda...

Singh Brothers and Co. Vs. Commissioner of Income-tax

Court: Guwahati

Lahiri, J. 1. The Income-tax Appellate Tribunal, Gauhati Bench, Gauhati, for short 'the Tribunal', has referred the following question of law, as required by the High Court, under Section 256(2) of the I.T. Act, 'the Act' for short: 'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that no valid partnership firm was in existence during the accounting year relevant to the assessment year 1967-68 and thereby upholding the order of refusal of registration of the assessee-firm by the Income-tax Officer and the Appellate Assistant Commissioner in spite of the deed of partnership dated January 7, 1967, as rectified by the rectification deed dated December 2, 1969 ?' 2. An apercu of the case leading tip to this reference : M/s. Singh Brothers and Company was constituted by an instrument of partnership dated October 31, 1962, consisting of six partners. The partners had unequal shares in the profit and the loss. The shares of profit and ...