Guwahati Court May 1982 Judgments

Gulab Chand JaIn Vs. Union of India (Uoi) and ors.

Court: Guwahati

Lahiri, J. 1. We find that the Paper Book has not been prepared However, Sri C. K. Sharma Baruah. appearing on behalf of the appellant submits that the matter may be heard and disposed of dispensing with the Paper Book, Shri S. N. Chetia, standing counsel for Union of India, concurs. Counsel for both the parties agree that the matter may be heard and disposed of today. Accordingly, we proceed to dispose of the matter as agreed upon by counsel for the parties. 2. The impugned orders were made as if there was a valid and existing decree passed in accordance with Section 17 of the Arbitration Act. 1940, for short 'the Act.' The arbitrator made an award found certain errors in it and informed the court clarifying the error he had committed while making the award. The court entertained it but did not proceed to pronounce any judgment nor did he pass any decree as required under Section 17 of the Act. The appellant assumed that there was a valid and existing judgment followed by a valid a...

Chandreswar Bhattacharjee Vs. State of Assam

Court: Guwahati

Reported in: 1982CriLJ2248

1. This criminal revision petition is directed against the order dated- 31-12-81 passed by the Executive Magistrate, Sibsagar in Misc. Case No. 386 of 1981 directing the petitioner to execute an ad interim bond for Rupees 10,000/-. The petitioner was arrested from his residence on "30-12-81, brought to the Sibsagar Police Station and detained in the lock up without disclosing any ground. It appears on 30-12-81 one S.I., Sibsagar Police Station, submitted a report, whereupon the Misc. Case No. 386/81 was registered under Section 107 of the Cr. P.C. to the following effect:The short history of the case is that the accused mentioned in column No. 2 along with Hahsara Chatra Santha and Gana Sangram Parisad and with the help of some students instigated the businessmen and employees and others to stop bus, train etc. in the Road Block movement and he has openly announced that he along with his colleagues will come to clash with those persons who will attend their offices and schools and coll...

Chandreswar Bhattacharjee Vs. State of Assam

Court: Guwahati

Reported in: 1982CriLJ2248

ORDERK.N. Saikia, J.1. This criminal revision petition is directed against the order dated- 31-12-81 passed by the Executive Magistrate, Sibsagar in Misc. Case No. 386 of 1981 directing the petitioner to execute an ad interim bond for Rupees 10,000/-. The petitioner was arrested from his residence on '30-12-81, brought to the Sibsagar Police Station and detained in the lock up without disclosing any ground. It appears on 30-12-81 one S.I., Sibsagar Police Station, submitted a report, whereupon the Misc. Case No. 386/81 was registered under Section 107 of the Cr. P.C. to the following effect:The short history of the case is that the accused mentioned in column No. 2 along with Hahsara Chatra Santha and Gana Sangram Parisad and with the help of some students instigated the businessmen and employees and others to stop bus, train etc. in the Road Block movement and he has openly announced that he along with his colleagues will come to clash with those persons who will attend their offices ...

Rajindra Singh Vs. Smt. Promila Singh

Court: Guwahati

Reported in: 1982CriLJ2119

1. This is a criminal revision Under Section 401 of the Criminal P.C. 1973, for short "The Code". It is against an order of the Executive Magistrate, Silchar declaring possession of the disputed land and house in favour of the opposite party with a direction that she should be entitled to retain possession of the disputed property until ousted in due course of law.2. Shortly put, the relevant facts are that a proceeding was initiated by the opposite party Smt. Promila Singh Under Section 145 of the Code in respect of the land and house. It was inquired into and the learned Magistrate by his order dated 5-1-80 declared possession of the land and house in favour of Smt. Promila and forbade disturbance to her lawful possession until evicted in due course by a competent court. However, in revision, the order was set aside by the learned Sessions Judge. The learned Judge remitted the case back to the Executive Magistrate for rendering fresh order after carefully considering the evidence of ...

Rajindra Singh Vs. Smt. Promila Singh

Court: Guwahati

Reported in: 1982CriLJ2119

ORDERK. Lahiri, J.1. This is a criminal revision Under Section 401 of the Criminal P.C. 1973, for short 'The Code'. It is against an order of the Executive Magistrate, Silchar declaring possession of the disputed land and house in favour of the opposite party with a direction that she should be entitled to retain possession of the disputed property until ousted in due course of law.2. Shortly put, the relevant facts are that a proceeding was initiated by the opposite party Smt. Promila Singh Under Section 145 of the Code in respect of the land and house. It was inquired into and the learned Magistrate by his order dated 5-1-80 declared possession of the land and house in favour of Smt. Promila and forbade disturbance to her lawful possession until evicted in due course by a competent court. However, in revision, the order was set aside by the learned Sessions Judge. The learned Judge remitted the case back to the Executive Magistrate for rendering fresh order after carefully considerin...