Guwahati Court January 1982 Judgments
State of Assam Vs. Dilbahadur Basar Chetri
Court: Guwahati
Decided on: Jan-29-1982
K.N. Saikia, J. 1. The Government appeals from the judgment acquitting the respondent of charges under Sections 24/25,of the Assam Forest Regulation, 1891 (shortly, 'the Regulation').2. P. W. 1-Shri Haren Barua, a Forester, accompanied by P. W. 2-Abdul Kuddus, Forest Beat Officer; P. W. 3-Frofulla Chandra Bora, Game Watcher, P. W. 4-Hemendra Phukan, Game Watcher; and Sri Ghana Kanta Gayan, Range Officer (not examined), visited Roumari area of Panpur Reserved Forest and found the respondent growing mustard over ten bighas of reserved forest land. The Range Officer arrested the respondent on his failure to produce any document on demand, seized the mustard seeds; and, after investigation of the case by P. W. 1, offence report was submitted through the Divisional Forest Officer of Darrang District, on receipt whereof charges under Sections 24/25 of the Assam Forest Regulation were explained to the respondent who pleaded not guilty.3. The prosecution examined four, while defence examined...
Tag this Judgment!Rakesh Chandra Das (Deceased by Lr) and ors. Vs. Khan Bahadur Abdul Ma ...
Court: Guwahati
Decided on: Jan-25-1982
B.L. Hansaria, J. 1. This is a civil revision of 1972. It has shaken its dust and has reached, after having passed through various vicissitudes, the stage of final hearing. It is a pity that a matter which is otherwise not very complicated, should have taken so long. Partly it seems it is due to the fact that there are a number of opposite parties and it took the petitioner a long time to get the notices duly served on all of them. 2. A suit for partition wag filed by the petitioner claiming himself to be an assignee of 1/6th share in the property in question. He valued the suit for the purpose of jurisdiction at a total sum of Rs. 3,000/-, of which the value for the suit land and houses was fixed at Rupees 2,500/-. The learned trial court had before it a Kabala showing sale of about 900 square cubits of land at Rupees 18,000/-. At this rate the value of the entire property came to around Rs. 50,000/-. The learned Munsiff felt that for the purpose of jurisdiction the suit must have b...
Tag this Judgment!Bhadreswar Boro Vs. Presiding Officer, S.T.A. Tribunal and anr.
Court: Guwahati
Decided on: Jan-20-1982
Lahiri, J. 1. This writ application has come up for admission. The respondents are well represented by Mr. P. Prasad, the learned Govt. Advocate. Wehave perused the impugned order and find that it would cause unnecessary delay in dispensation of justice if we issue a Rule and hear the parties who are well prepared, to argue the case. Surely, it would come up for disposal after a couple of years and the petitioner would be deprived of his rightful relief. To uphold the cause of justice, we suggested to the learned counsel for both the parties about full hearing and final disposal of the matter right today. The learned counsel have agreed to our suggestion. Therefore, upon hearing the learned counsel for the parties, we proceed to dispose this writ application under Article 226 of the Constitution of India. 2. The intrinsic facts of the case: The petitioner appealed under Section 64 of the Motor Vehicles Act, 1939, for short 'the Act'. The appeal came up for admission on 21-12-81. On t...
Tag this Judgment!Dinabandhu Choudhury and Etc. Etc. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Jan-20-1982
K. Lahiri, J. 1. The petitioner has been detained under Section 3(2) of the National Security Act, 1980 (for short 'the Act') with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the community and against his detention the petitioner has preferred this Habeas Corpus application. The order of detention is dated 16-12-81 and the detenu was arrested on the following day at about 3 a.m. On 21-12-81 the petitioner was served with the grounds of detention which reads as under:You are the General Secretary of All Assam Karmachari Parishad (AAKP) and Convenor of Co-ordination Committee AAKP, and in that capacity you have been a party to the decisions of this organisation and to the implementation thereof.1. On 13-6-81 you attended a meeting of the AAKP at B. Baruah College, Gauhati, which was also attended by S/Shri Tirtha Barkatoki, Krishna Baruah, Kamakhya Charan Choudhury and others, in which a decision was taken for fu...
Tag this Judgment!The State of Assam Vs. Suprabhat Bhadra and ors.
Court: Guwahati
Decided on: Jan-05-1982
B.L. Hansaria, J.1. This is a reference under Section 395 of the Cri. P. C- by the learned Sessions Judge, Nowgong, soliciting this Court's opinion on an important question of law. The same is whether a witness in a criminal trial can be allowed to be contradicted with reference to the statement made by him before a Commission of Inquiry constituted under the Commissions of Inquiry Act, 1952, hereinafter the Act.2. In the case before the learned Sessions Judge, some persons were facing trial under various sections of law, including 302 IPC. One of the charges was that the unlawful assembly had caused the death of one Anil Bora at Hojai Town. To inquire into the circumstances leading to the death of aforesaid Anil a Commission of Inquiry under the Act had been constituted and which had submitted its report. a petition was, therefore, filed before the trial court on 27-6-1980 stating that many charge-sheeted witnesses were examined before the aforesaid Commission, and so, for the ends o...
Tag this Judgment!Sahamat Ali and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jan-04-1982
B.L. Hansaria, J.1. We are confronted in this appeal with conviction of the three appellants under Sections 302/149, 324/149 and 148 of the Penal Code. As the minimum sentence for offence under Section 302 is in carceration for life behind iron bars and stone walls, we have to be extremely cautious to see if the guilt has been brought home beyond reasonable doubt, more so, when aid of Section 149 has been taken to fasten guilt on the appellants.2. The occurrence which had seen the death of Jahar Ali and injuries on the person of P. W. 2 Murmui Ali had taken place on 5-1-1969. According to prosecution on that day these two persons had gone to Dalahat at about 8/9 a. m. to sell cows in the Sunday Bazar. When they reached near the house of P. W. 3 Lodha Munda, it is alleged that two persons named Hara and Bhuyan alias Hasan Ali armed with dao prevented them from proceeding further, 10/12 persons were also seen nearby. Out of fear Jahar and Murmuj ran towards the house of p. W. 3 and afte...
Tag this Judgment!- ‹ Prev
- Next ›