Guwahati Court April 1982 Judgments
Khuraijam Ongbi Thoibisana Devi and Ors. Vs. Akoijam Amubi Singh (dece ...
Court: Guwahati
Decided on: Apr-28-1982
Hansabia, J.1. Civil law is a lawyer's paradise. In its labyrinth just cases are also sometimes lost. Here is a simple case as to whether the defendant had borrowed a sum of Rs. 6,000 from the plaintiff or not; and whether the latter can realise the same from the former through the assistance of the Court? But legal coverings have not allowed the kernel to be seen so easily. The law points urged before us are (1) whether the suit was hit by Section 10(1) of the Bombay Money-Lenders Act, 1946, hereinafter the 'Act', which was extended to this Union Territory by notification dated 4-8-61?; (2) whether any order passed or concession made in the case operated as res judicata or estopped by conduct? and (3) whether Section 68 of the Evidence Act is attracted or not? And if so, whether requirement of Section 69 was complied or not?2. Before adverting to these questions, the relevant facts of the case may be noted. According to plaintiff (whose legal representatives are the respondents), the...
Tag this Judgment!Sademkaba Vs. Imtitemjen
Court: Guwahati
Decided on: Apr-22-1982
Lahiri, J. 1. The sole point urged before us is that the appellate court has completely failed 'to consider' any of the grounds urged before it. 2. Mr. W. A. Shishak, learned counsel for the petitioner submits that the appeal was preferred against the iudff-ment passed in a title suit, the subject matter is a landed property worth several thousands. The appellant raised several substantial questions before the appellate court. However the court merely expressed the view that he had nothing to add as the court of the first instance had discussed all the issues and rendered an exhaustive judgment. 3. It is true that the trial court has exhaustively dealt with all the Issues and it is a laborious judgment and the views expressed are also sound but thefact remains that the appellant urged as many as 13 grounds in his Memo of Appeal, at least some were healthy and strong. But the appellate court did not even state in brief what were the grounds nor was there any discussion why they were ...
Tag this Judgment!Vimede Angami Vs. Ziekrue-o Angami
Court: Guwahati
Decided on: Apr-22-1982
Lahiri, J.1. This is a revision under the Rules for the Administration of Justice which involves several substantial questions of law.2. The petitioners claim that the water course of the river flowing by the paddy fields of the petitioners and those of the opposite parties was interfered with by the opposite parties to the detriment of the petitioners. A dispute was lodged with the Gaonburahs P. Khel of Kohima village. The Gaonburhas did not decide the case of the parties in any form whatsoever. What they did was to prohibit both the villagers not to interfere with the natural flow of the river and forbade the parties to take any action which might endanger or damage the paddy fields of the parties. Shortly, put, the Gaonburahs maintained 'status quo', kept alive the disputations between the villagers and merely passed a prohibitory order restraining the parties to do certain acts. In view of the non-determination of the rights the inevitable consequences followed. The villagers of t...
Tag this Judgment!Humtse Village Rep. by Sri Ramvue, G.B. and ors. Vs. Yikhum Village Re ...
Court: Guwahati
Decided on: Apr-21-1982
Lahiri, J. 1. This is an appeal under Rule 34 of the Rules for the Administration of Justice and Police in Nagaland, 1937, for short 'the Rules.' The parties are Lothas. A land dispute cropped up between the villagers of Humtse village, hereinafter to be referred as 'H' village and the villagers of Yikhum, hereinafter to be referred as 'Y' village. In 1952/53 when 'H' villagers commenced clearance of the disputed land (Jungle) they were obstructed by 'Y' villagers who laid their claim on that part of the land which was being cleared by 'H' villagers. The dispute was placed before Sri N. N. Bhuyan, the then Sub-Divisional Officer, Mokokchung, who also exercised power of A. D. C. (ii), Mokokchung. Upon hearing both the parties, making local inquiries and having exercised, over the matter. Sri Bhuyan passed an order which was beneficial to both the parties. His order clearly describes the land in dispute. However, the villagers were not satisfied with the decision and came up In appeal...
Tag this Judgment!Temjenkaba and anr. Vs. Imyachanga and ors.
Court: Guwahati
Decided on: Apr-21-1982
Lahiri, J. 1. This revision under Rules for the Administration of Justice in Nagaland, for short 'the Rules' is projected against the order passed by Mr. A. Sanmugam. Additional Deputy Commissioner, Mokokchung confirming the order passed by Mr. R. S. Bedi. Assistant to the Deputy Commissioner at Mokokchung. The present appellant preferred an appeal before the learned Additional Deputy Commissioner and also presented an application for adducing further evidence or 'additional evidence' in the appeal. The Appellate Court issued notices to the respondent-opposite parties. He dismissed the appeal in limine by the impugned order holding that the appeal was presented beyond the period of 30 days prescribed under Rule 34 of 'the Rules' and, therefore, the appeal was barred bv limitation. The learned Additional Deputy Commissioner also held that the appeal was incompetent as it was not accompanied by a certified copy of the judgment appealed against. The learned Additional Deputy Commissione...
Tag this Judgment!Wazamao and ors. Vs. the State of Nagaland
Court: Guwahati
Decided on: Apr-20-1982
K. Lahiri, J.1. This is a criminal appeal by 50 appellants who have been convicted under Section 120B (D, 323. 365 and 395 of the I.P.C. The substantive sentence is imprisonment till the rising of the Court and also fine. The total fine comes to Rs. 18,000/-. The conviction is based on admission of guilt to the charges.2. The first contention of the learned Counsel for appellants is that the appellants were convicted but without furnishing them with the copies of the 'Police Reports and other documents' required to be furnished under Section 207 Cr. P.C. The second contention is that the appellants Nos. 1 to 4 and 59 were never present on 27-4-1978, when the alleged pleas of guilt were recorded by the learned magistrate. The third contention of the appellants is that the accused are Lotha Nagas who had no working knowledge of Nagamese so they could not follow what were the charges explained and what statements were recorded by the learned Magistrate. They were taken aback to hear abou...
Tag this Judgment!State of Tripura and ors. Vs. Sajal Kanti Sengupta
Court: Guwahati
Decided on: Apr-16-1982
S.M. Ali, J. 1. This application under Section 115 C.P.C. and under Article 227 of the Constitution of India is directed against the order dated 20-10-81 passed by Shri B.B. Deb, Munsiff, Sadar at Agartala in Misc. Case No. 390 of 1981 arising out of the Title Suit No. 314 of 1981. The circumstances leading to the present petition are as follows: The plaintiff who is serving at Sonamura, West Tripura District in the post Of Sub-Divisional Public Relations Offi-cer was transferred to Kanchanpur T.D. Block 'in the same rank', by an order of the Joint Director, Information, Cultural Affairs and Tourism, Government of Tripura, Agartala dated 30-9-81. Being aggrieved by the said order of transfer the plaintiff opposite party instituted T.S. No. 314 of 1981 in the Court of Sadar Munsiff, Agartala for declaration of the order of transfer as void, invalid and illegal and for perpetual injunction. A prayer for temporary injunction was also made by the plaintiff whereupon Misc. Case No. 390 ...
Tag this Judgment!Mona GohaIn Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-13-1982
1. This is an application under Article 226 of the Constitution projected against the order No. FRS/308/ 81/39A dated 3-3-1982 passed by the Governor of Assam setting aside the settlement of a forest coupe in favour of the petitioner and settling 'the coupe' in favour of Respondent No, 5. 2. The petitioner, a young man, hoped to start his independent career as a forest contractor. When the Divisional Forest Officer, Digboi, for short 'the D. F. O.' invited tenders for various coupes including 'the Coupe designated as UDR(WB)PW Coupe No. 2/123 of 1980-81 (1979-80) he submitted his tender for 'the coupe', there were other tenderers and on scrutiny of the tenders the primary authority provisionally settled 'the coupe' with him and issued, work order No. 09/2895-97 dt/ 5-2-1982, forthwith he commenced operation of the coupe, felled the marked trees Nos. 22, 23, 24. 29, 30, 32, 33, 42 that is, 8 trees in all. These are all Holong trees 'with standing volume of 60.06 M3'. The petitioner ha...
Tag this Judgment!i. Ramesh Ao Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Apr-13-1982
K.N. Saikia, J.1. The writ petitioner herein impugns the order passed by the Deputy Secretary to the Government of Nagaland in a departmental proceeding dismissing him from service.2. The petitioner obtained Diploma in Civil Engineering from the Board of Technical Education, Assam and was appointed as Overseer, Grade I, by the Government of Nagaland in the year 1960 and was posted to serve under the B.D.O. of Mangkalemba, Nagaland, wherefrom he was later transferred and posted at Mokokchung where he served till 1962, and then transferred to Zunhoboto P.W.D. Subdivision where he served till 1967. Meanwhile, in 1964 he was awarded medal and commandation certificate for his good service. He was promoted as Sub-Divisional Officer, P.W.D. in March, 1967 and was posted at Satakha wherefrom he was transferred to East P.W.D. Sub-Division, Mokokchung in July, 1967, wherefrom he was transferred to a new Sub-Division at Mangkalemba in December 1967. The petitioner was again transferred and post...
Tag this Judgment!Hazi Mahmed Jafor Vs. Dr. Imran HussaIn Choudhury
Court: Guwahati
Decided on: Apr-12-1982
K. Lahiri, J. 1. This revision under Section 115 of the Code of Civil Procedure is by the defendant-tenant against the judgment and decree passed by the trial court and confirmed by the appellate court. 2. The intrinsic facts to get a grip of the questions of law raised by the Petitioner : The plaintiff filed the ejectment suit, claimed arrears of rent, compensation and ejectment of the defendant from the suit premises. The plaintiff claimed that the defendant was a monthly tenant, the tenancy commenced from the 1st day of every English Calendar month, the rent was fixed at Rs. 300/-payable within the first week of the succeeding month. The defendant was an inveterate defaulter in payment of rent and the plaintiff had to exercise much to recover the arrears. When the defendant defaulted to pay rent for December 1971 and January 1972 within the stipulated time he had to serve quit notice to the defendant demanding delivery of possession of the premises on the expiry of the month of Fe...
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