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Guwahati Court July 1982 Judgments

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Jul 30 1982

Smt. Kalyani Ghose Vs. Dr. Bhabani Charan Banerjee and anr.

Court: Guwahati

Decided on: Jul-30-1982

K. Lahiri, J.1. This application under Section 115 of the Civil P. C. is by one of the co-defendants against the order passed by the Asst. District Judge, Gauhati, rejecting the application of the petitioner made under Order 32, read with Section 151 of the Civil P. C. for short 'the Code'.2. The plaintiff filed the ejectment suit. It is stated by Mr. B. Sarma, counsel for the plaintiff opposite party that in the ejectment action the defendants had already taken the matter to the Supreme Court in Special Leave to Appeal (Civil) No. 21116 of 1980 against the judgment and order dated 18-1-1980 passed by this High Court in Civil Revn. No. 154 of 1979. However, the same was rejected by the Supreme Court. Learned Counsel for the petitioner however submits that the petitioner was minor at that time, but at the same time he concedes that the proceedings were so taken to the Supreme Court via this Court, Therefore, the first round of 'our long distance litigation' is already over. The second ...


Jul 27 1982

Gunaram Tanti and anr. Vs. State of Assam

Court: Guwahati

Decided on: Jul-27-1982

B.I. Hansaria, J.1. An occurrence gruesome by all counts took place on 9-4-1979. It had seen the death of 10 persons, and injuries on a large number. The First Information Report of the case was lodged on the date of the occurrence itself in which 51 persons were named as accused. During the course of investigation as many as 225 persons came to be arrested, though 85 of them were ultimately charge-sheeted. After the case was committed to the Court of Session, and the learned Judge 'was ready to open the trial' on 2-5-1980 under Chatper XVIII of the Criminal P. C,. the Public Prosecutor informed the court that he would file a petition for summoning some more persons under the provisions of Section 319 of the Code. Such a petition came to be filed on 30-6-1980 in which it was prayed that 3 persons including the two petitioners may be summoned to face the trial along with the 85 charge-sheeted accused. Thereafter by the impugned order warrant of arrest against the two petitioners were ...


Jul 09 1982

Kinaram Das Vs. State of Assam and ors.

Court: Guwahati

Decided on: Jul-09-1982

Lahiri, J.1. The petitioner prays for quashing of the appellate order dated 12-4-1982 passed by the Conservator of Forests, Northern Assam Circle, Tezpur whereby 'the Conservator', re-spondent No. 2 set aside the order of Divisional Forest Officer, Nowgong (re- spondent No. 3).2. The intrinsic facts necessary for the purpose of the writ application may be ret out thus: Simultola Cotton Mahal No. 4 was advertised for sale under the Assam Sale of Forest Coupes and Mahal Rules. 1977, 'the Rules' for short. Respondent No. 4 Abdul Sobhan offered only Rs. 13,101 whereas the petitioner offered Rs. 24,151. The petitioner who is a member of the Listed Class made the offer in accordance with the provision of the Rules. It was in writing and his offer was accepted by the Divisional Forest Officer. ('D.F.O.' for short), vide Annexure I. The period of Settlement is from 1-3-82 to 31-8-82. However, be-fore the petitioner could reap the bene-fit of the order of the D.F.O. respondent No. 4 preferred ...


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