Guwahati Court October 1983 Judgments
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Akmal Ali and ors. Etc. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-05-1983
Lahiri, J. 1. One of us (Hansaria, J.) sitting singly posed the question whereupon this Bench has been constituted to answer the same : 'Whether are appeal lies under Order 43,Rule 1 (r) of the Civil P. C., 1906, againstan ex parte order of ad interim injunction?' 2. In our opinion, the answer sought is very much there in the question itself. If an order of ad interim injunction is passed under Order 39, Rule 1 or 2 of the Civil P. C., whether ex parte or otherwise, it is appealable, as Order 43, Rule 1 (r) enables a party aggrieved by any order under Order 39, Rule 1 or 2 to prefer an appeal. However, the question requires further consideration as although this High Court has persistently and consistently held, since its inception, that an appeal does lie against an enter of ad interim injunction if rendered under Order 39, Rule 1 or 2 and the rule was confirmed by Mehrotra, C. J. in United Club v. Nowgong Foot Ball Association AIR 1964 Assam 81. This court permits appeal against any...
Raghubir Singh Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-05-1983
Dr. T.N. Singh, J. 1. Environmental compulsions of the modern age are increasingly motivating governmental activities adding an edge to State's regulatory functions. Necessarily, matching measures have to be, and are. evolved to promote public good. Rapid strides in technological and scientific advancement with the growth of commerce and industry following in its wake carry inevitably their impress on regulatory laws. Measures conferring powers on public officials enabling them to discharge public duties under such laws pose jural problem of great variety and complexity. Balancing of conflicting individual interests apart, the dominant social and/or economic purposes underlying such measures obligate Courts in a constitutionally mandated welfare State like ours to extend their forensic insight beyond the pale of fact-situation of the lis. The interpretation of Section 31 of the Motor Vehicles Act 1939 (shortly, the Act) lies at the heart of the lis in the instant case raising an impo...
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