Guwahati Court November 1983 Judgments
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Nirmal Das Gupta Vs. Prasanta Das Gupta and ors.
Court: Guwahati
Decided on: Nov-30-1983
Lahiri, J. 1. We despise slow motion justice and long distance litigation. Accordingly we propose to hear the appeal dispensing with the preparation of the paper book and the records of the Court below and the learned counsel for both the parties lent their support and agreed to the proposal to uphold the cause of justice. We record our appreciation for the stance taken in assisting the Court to dispose quick justice. 2. Misc. Appeal 30 of 1982 was filed by the appellant in the Court of the Assistant District Judge No. 1, Silchar. He had engaged lawyer. The appeal was posted for hearing on 27-11-1982 on which day it was called on for hearing but neither theappellant nor his advocate appeared whereupon the appeal was dismissed. Thepetitioner filed an application for restoration of the appeal stating that hehad been blissfully ignorant about the date of hearing, he had engaged lawyer and thedismissal amounted to inflicting penalty on him for the remiss of the lawyer. Whileturning down ...
Mrs. Chongtham Ongbi Sabita Devi Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Nov-29-1983
B.L. Hansaria, J.1. This usual habeas corpus application has some unusual aspects involved in it. The attack on the detention order is not on worn out grounds, but on a novel score. It is urged that the respondents could not have invoked the provisions of the National Security Act, 1980, for short the Act, because of the doctrine of promissory estoppel. To appreciate this, let the facts be stated first.2. The detenu C. Gogo Singh alias Tikendrajit Singh was an underground member of 'Red Brigade'. To persuade the extremists to join the national mainstream, some assurances were given by the Government if they were to come over-ground. The one assurance with which we are concerned is that 'All cases against them shall be withdrawn'. Such an appeal is said to have been distributed widely by the Director of Information and Public Relations, Manipur Government. This fact is not denied in so many words by the respondents. Annexure-A/l is the copy of the 'Appeal to the young Extremists' conta...
Sorokhaibam Ningol Thokchom Onggi Pakpi Devi Vs. State of Manipur and ...
Court: Guwahati
Decided on: Nov-23-1983
B.L. Hansaria, J.1. The petitioner's son Thokchom Ajit Singh alias Ibunco alias Nobo alias Bimol has been under detention since 3-6-83 in pursuance of an order passed by the learned District Magistrate, (Imphal), Manipur, under the provisions of the National Security Act, 1980. Earlier to that he had been arrested on 27-1-82. Indeed, that was the second arrest of the detenu inasmuch as he has been first arrested on 23-3-81 whereafter it is alleged that he escaped from the jail on 9-8-81 and took part in an ambush on 1 : 9-81. The legality of the present detention has been assailed by Shri Priyananda Singh on a number of grounds. We do not, however, propose to traverse all the grounds as we are satisfied that the order has to be set aside on the score of non-furnishing of documents which were relied on while passing the order. .2. This would be apparent from a perusal of the dossier made available to us and the statements made in the counter filed by the District Magistrate. The dossi...
Smt. Gauri Dey Vs. Bidhu Bhusan Dey
Court: Guwahati
Decided on: Nov-14-1983
T.S. Misra, C.J. 1. This appeal is directed against the judgment and decree dated 13th September, 1982 passed by the learned District Judge, Kamrup, Gauhati in Divorce Title Suit No. 12 of 1980 Smti. Gauri Dey v. Sri Bidhu Bhusan Dey, The plaintiff was married to Smti Sauri Dey the defendant. He filed the petition under Section 13 of the Hindu Marriage Act for dissolution of his marriage by decree of divorce. It was contested by Smti Gauri Dey who filed her written statement in the Court of the learned District Judge dated 31st October, 1980. The following issues were framed by the learned District Judge : '1. Whether the suit is maintainable? 2. Whether there is any cause of action? 3. Whether the Court has got any jurisdiction to try the suit? 4. Whether the petitioner (is) leading a good moral life? 5. Whether the petitioner is entitled to get any relief as asked for? It would be seen that though the defendant had pleaded in paragraph 3 of her written statement that the suit was...
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