Guwahati Court February 1983 Judgments
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Waikhom Angamba Singh Vs. State of Manipur
Court: Guwahati
Decided on: Feb-16-1983
1. This is an application by. a convict under Section 428 of the Code of Criminal Procedure, 1973, claiming set off.2. The petitioner-appellant has been sentenced by this Court to suffer R.I. for three years in Criminal (Jail) Appeal No. 11 of 1977. It has been stated that the petitioner suffered imprisonment as a U.T.P. from 15.6.76 to 19.8.76. We have heard the learned Public Prosecutor, who submits that the petitioner has suffered imprisonment as an under trial prisoner from 15.6.76 to 19.8.76. In view of the mandatory provisions contained in Section 428 Cr.P.C. the petitioner is entitled to set off the said period against the term of imprisonment imposed on him, namely, three years of imprisonment. The petitioner claims that he has suffered imprisonment as a convict from 28.6.77 to 12.4.78, until his period of imprisonment was suspended by this Court in the said Criminal Appeal. However, the period of imprisonment suffered by the petitioner from 28.6.77 to 12.4.78, as a convict ca...
Ksh. Achouba Singh and ors. Vs. L. Achouba Singh and ors.
Court: Guwahati
Decided on: Feb-15-1983
Lahihi, J. 1. This is an application under Article 226 of the Constitution for as order and/or a writ in the nature of certiorari and projected against the order dated 18-12-1982 passed by the Presiding Officer, Revenue Tribunal, Manirpur in Tribunal Revenue Revision Case No. 26 of 1982. 2. The petitioners were aggrieved by the order of allotment in respect of land covered by C. S. Dag No. 1141, ever which the petitioners claimed right of allotment. Being aggrieved by the order of the Deputy Commissioner, the petitioners filed an application under Section 95 of the Manipur Land Revenue and Land Reforms Act 1960; for short, 'the Act'. The petitioners claimed allotment in respect of C. & Dag. No. 1141 of Leis-hangthem Village No. 8, Thoubal Tahsil and disputed the allotment made in favouor of the five opposite parties in the said dag. The petitioners were not not concerned with nor had they any interest or connection in respect of allotment made in dags other than Dag No. 1141, and he...
R.K. Robindra Singh Vs. District Magistrate (Central Dist.) and ors.
Court: Guwahati
Decided on: Feb-14-1983
K. Lahiri, J.1. This is a Habeas Corpus application by the petitioner who is in detention since 2-2-1982. Of course, he was kept in prison as an under-trial prisoner in connection with criminal cases filed consecutively against him, on the same allegations which form the backbone of the grounds of detention of the petitioner. He was apprehended by the Army on 2-2-1982, allegedly while a combing up operation was going on. An Ezahar was lodged on 27-2-1982 against the petitioner. On 27-2-1982, the petitioner was handed over to the civil authorities by the Army, wherein allegations were made that the petitioner was a member of an outlawed organisation styled as 'P.L.A.' The police filed a case alleging that he was a member of the outlawed organisation, styled as Peoples Liberation Army, for short 'PLA' and that on 21-9-1980 he took part in the attack of the SSB camp at Mongsangei, which assault was organised at the instance of the PLA members; there was a number of casualties. The case w...
Jogananda Goswami Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Feb-03-1983
B.L. Hansaria, J.1. This Court being the protector of the fundamental rights of the citizens, has to take a serious view when orders of detention are passed which even the counsel representing the State finds difficult to support and sustain. The present is a case of this nature. This would be apparent from the sole ground given for detaining the petitioner to prevent him from acting in a manner prejudicial to the maintenance of public order. We set out the grounds:On 2.1.83 a closed door meeting of AAGSP, Jorhat was held at Chandra Kama Handique Bhawan, Jorhat, from 1 p.m. to 3 p.m. under the presidentship of Shri Prosenjit Boruah where the subject along with Shri Debeswar Saikia (Governor of AAGSP Jorhat), Surendra Nath Bordoloi Binanda Gogoi (both AJBD members, Jorhat), Rajib Bora (AJYGP, Jorhat), Niren Sarmah, Probhat Hazarika were the main participants. In the meeting they discussed about organizational matters as well as about ensuing election of Assam. They criticized the Govt....
Oil and Natural Gas Commission, Eastern Region and ors. Vs. Shyam Sund ...
Court: Guwahati
Decided on: Feb-02-1983
T.N. Singh, J.1. This appeal is by the defendant? who have been saddled with a liability of Rs. 20,972/- by the learned Assistant District Judge, Jorhat, by decreeing the plaintiff's suit in full and their grievance is that this has been done in a most perfunctory manner. The appellant No. 1 is the Oil and Natural Gas Commission and the other three appellants are employees of the Commission. The plaintiff was awarded a contract for the extension (widening) of one bridge and it is not disputed that the full amount due under the contract (Rs. 46,937.41) as per tender submitted by him has been paid to him by the Commission. His case is that he has done some extra jobs and the appellants are liable to pay him for the same. The claims as given in the plaint is made up of the following items:1Cost of welding joint materials etc.Rs. 14,281/-a.Cost of constructing 36 sq. ft. of bamboo palisiding.Rs. 288/-3.Refund of penalty imposed.Rs. 688/-4.Interest at th...
Binu Nalufar Haq Vs. the Collector and Land Acquisition Officer
Court: Guwahati
Decided on: Feb-02-1983
T.N. Singh, J. 1. The appellant in one of the two appeals is the claimant in a land acquisition proceedings who is the victim of few fortuitous circumstances. Her land measuring 19 bighas 3 kathas 14 lechas were requisitioned in 1962 under the D. T. Rules for 'defence purposes'. The acquisition proceedings were started in 1970 under the Requisitioning and Acquisition of Immovable Property Act 1952, for short the '1952 Act'. Her brother also had lands adjacent to her which were also similarly requisitioned, but in respect of his land acquisition was made in 1973 under the Land Acquisition Act, 1894, for short 'the 1894 Act' as a result of which he got higher compensation. She was paid by the Collector for her land at the rate of Rupees 8,500/- per bigha against her claim of Rs. 15,000/- per bigha. The arbitrator, in reference, gave her a rise, of Rs. 500/- per bigha. Her brother got for similar lands at the rate of Rs. 11,000/- per bigha, albeit, including the solatium which was payabl...
R. Lallawama Vs. District Magistrate
Court: Guwahati
Decided on: Feb-02-1983
B.L. Hansaria, J. 1. Every detention without a trial almost puts the Court itself on trial when it is approached for redress. On the one hand it has to guard the cherished liberty of the individual, and on the other it has to see to the smooth functioning of the social order. When anything puts in jeopardy the security of the State, the Court has to approach the matter with still greater care and circumspection.2. The present is a case where the petitioner was detained to prevent him from engaging in activities. which are prejudicial to the security of the State. The impugned order was passed on 21-7-1982 and it came to be served on the same day along with the grounds leading to the above subjective satisfaction. We may set out the grounds. These read:-(1) That you are the leading supporter of the unlawful MNF Organisation in Theiriat Village and have been actively harbouring and providing shelter to outlawed MNF elements for the furtherance of the organisation which has been aiming ...
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