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Guwahati Court September 1982 Judgments

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Sep 18 1982

industrial Co-operative Bank Ltd. Vs. Bhubaneswar Barthakur and ors.

Court: Guwahati

Decided on: Sep-18-1982

B.L. Hansaria, J.1. A suit was filed by the opposite parties for a declaration that the reference of the dispute in question to the Registrar of Co-operative Societies, Assam, Gauhati and the appointment of the arbitrator in pursuance thereof was void and not binding on the plaintiff and that the subsequent orders passed thereon were without jurisdiction, and for permanent injunction restraining the defendants from proceeding wi th the Bakijai Case No. 5 of 1975-76 and not to execute the Co-operative Demand Certificate, which was to the tune of Rupees 2,18,187.12 P. This was stated in the cause title as well as in the prayer portion of the plaint. A point was taken as regards the pecuniary jurisdiction of the learned trial Court inasmuch as the plaintiffs had put the valuation at Rs. 200/- for the purpose of jurisdiction and a court fee of Rs. 20/- was paid and the permanent injunction was valued at Rs. 100/-. The learned trial Court has held that it had pecuniary jurisdiction. In com...


Sep 15 1982

Aklu Baraik Vs. State of Assam

Court: Guwahati

Decided on: Sep-15-1982

1. The appellant is an indigent. He was undefended in the trial court as well as in this Court. He was provided with State-defence in the trial court as also in this Court. The appellant is a tea-garden labourer who has been convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life.2. The prosecution case is. that on 16-2-1980 at about 9 p.m. PW 2 Hari Prasad Dosad. driver of the Deahal Tea Estate, reported in the police station that in the Borguri Line of Hatimara Tea Estate one man was lying dead-- this much and no further. The police made a General Diary Entry (Ext. 6) and investigation ensued. After preliminary investigation, the AGI of Police, Shri Nirmal Bora lodged an ejahar on 17-2-1980 to the effect that on 16-2-1980 at about 6 p.m. in Borguri Line of Hatimara Tea Estate accused Aklu Baraik killed his father by assaulting him with a lathi. The accused was arrested in the course of investigation, a charge-sheet was submitted and the accused was ultimat...


Sep 10 1982

Naosam Ningol Chandam Ongbi Nungshitombi Devi Vs. Rishang Keishing, Ch ...

Court: Guwahati

Decided on: Sep-10-1982

B.L. Hansaria, J.1. The petitioner is the wife of C. Chaoba Singh. Her case is that her husband was arrested by some personnel of the 5th Bn. C.R.P.F. (Central Reserve Police Force) on 10-1-1981 at about 7.30 P. M. from her residence, As Chaoba Singh did not return even by 22-2-1981, the petitioner submitted an application on that day to the Deputy Inspector General of Police (Operation) to enlighten her about the whereabouts of her husband. There was no reply to this request and so the petitioner brought the matter to the notice of the local M.L.A. Shri Y. Kula Singh, who raised the matter on the floor of the Assembly by putting the following question on 31-7-1981:Is it a fact that whereabout of Chan-dam Chaoba Singh, s/o late Gulamjat Singh of Pukhao Terapur (I. E.) who was arrested on 10-1-1981 by the C. R. P. F. from his residence at about 7-30 P. M. is not yet known ?The Chief Minister answered the question in a single word 'yes', A perusal of the concerned file which was produc...


Sep 06 1982

On the Death of Priyokumar Singh His L. Rs. Kumari Thokchom Hemabati D ...

Court: Guwahati

Decided on: Sep-06-1982

Hansaria, J.1. The predecessor-in-interest of the present petitioners, Priyokumar Singh, had approached this Court initially in its writ jurisdiction feeling aggrieved at the-withdrawal of electrical energy which he was enjoying since long. Priyokumar Singh had initially installed an Atta Mill in 1952. In 1967, he was given a licence to carry on the rice milling operation. Subsequently, in 1970, he was registered as a consumer of 20 H. P. A call was given in 1971 by the Director of Industries, Government of Manipur, to modernise the rire milling equipments, and Priyokumar Singh was one such person to respond to the call and he, by discarding conventional types of machineries, installed a modern rice mill. This modern type of mill needed 45 H. P. to run it properly. Prayer for additional 15 H. P. only was, however, granted and Priyokumar Singh deposited the necessary money in 1973. So the mill-owner got 35 H. P. in all. The Assistant Engineer of the Electricity Department, however, wro...


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