Guwahati Court June 1983 Judgments
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Bhanda Garh Vs. State of Assam
Court: Guwahati
Decided on: Jun-30-1983
T.N. Singh, J.1. The presumption of innocence is a fundamental tenet of our criminal jurisprudence. It has, too, its own basic facet. It is this facet which is manifested in the anxiety of the Courts to ensure a fair trial based on fair procedure. The accused is entitled to the benefit of doubt based not only on the evidence produced in the case but based also on infraction of any procedural safeguard enjoined by law in the matter of conduct of investigation as well as prosecution. It is the duty of the Court to see if the evidence produced in the case is tainted in any manner, factually or legally and in a case where the accused is indicted on a charge of murder exposing him to the extreme penalty, this duty assumes signal significance. Indeed, in several decisions of the apex Court the danger of adopting a computarised approach in such cases has been vocally projected. We have been invited to make this prefatory remark in this case because of the strong plea forcefully pressed by th...
Assam State Road Transport Corporation Vs. Jyotirmoyee Das
Court: Guwahati
Decided on: Jun-29-1983
K.N. Saikia, J.1. This appeal is from the award of the Motor Accidents Claims Tribunal, Darrang at Tezpur dated 31-5-74 in M.A.C. Case No. 10/72.2. Mr. Subodh Chandra Das, Sub-Deputy Magistrate, Mangaldoi, aged 34 years, died of multiple injuries sustained in the accident met with by the Assam State Road Transport Corporation's (appellant's) passenger bus No. ASX 1900 on N.T. Road, 8 k.m. west of Mangaldoi Police Station on 6-4-1969. His widow Jyotirmoyee Das in M.A.C. Case No. 10/72 claimed compensation of Rs. 2,50,000/- alleging that the accident was caused by rash and negligent driving of the said passenger bus and it caused her husband's death. The Assam State Road Transport Corporation (hereinafter called 'the Corporation') in its written statement pleaded, inter alia, that the accident took place on account of the high banded action of late Subodh Chandra Das himself; that there was no negligence on the part of the driver; and that claim was highly excessive. Before the Tribunal...
H. Munal Singh and Etc. Etc. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jun-24-1983
Hansaria, J.1. The Manipur Land Revenue and Land Reforms Act, 1960, for short the Act, has not defined the expression 'survey officer'. This has led to a lengthy argument as to whether the Sub-Deputy Collectors who have been characterised as 'revenue officers' by Section 4 of the Act, can exercise the power at survey officers. The need for decision of this aspect has arisen because the petitioners claim to have obtained settlement of some dags which were carved out from Dag No. 1003. This carving out or creation of off-shoot dags is attributed to the Sub-Deputy Collector of Mayang. The parent dag, this is, 1003 was, however, settled with the respondent-society. Having known about the creation of the off-shoot dags, the co-operative society approached, the learned Deputy Commissioner under Section 41 read with Section 81 of the Act for cancellation of the off-shoot dags. This petition was allowed as the Deputy Commissioner took the view that the off-shoot dags had no entity in the eye ...
Chongtham Manoranjan Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jun-24-1983
B.L. Hansaria, J.1. This habeas corpus proceeding is on behalf of C. Bijoy Singh against whom an order of detention under the provisions of the National Security Act, 1980 - hereinafter the Act - was passed on 7.12.1982, as the same was deemed necessary to prevent him from acting in any manner prejudicial to the security of the State and the maintenance of public order. The grounds which led the detaining authority to arrive at the above subjective satisfaction read as below:1 (a). That you as a member of 'RED BRIGADE' which is an outlawed organisation have committed the following criminal offences to further the cause of your outlawed organization-(i) Armed robbery of Rs. 2,55,000/- from Dasharath Bhai M. Patil of Bidi Company on 8.7.1980 at about 9.45 AM.(ii) Attacking the Meghalaya Police Post Bishenpur in the night of 1.8.80 to snatch arms.(iii) Armed robbery of Rs. 1,97,000/- from PWD office, Shillong on 1.6.81.It is thereafter mentioned that the detenu was given some...
Smt. Aruna Asaf Ali and ors. Vs. Purna Narayan Sinha
Court: Guwahati
Decided on: Jun-14-1983
S.M. Ali, J.1. Heard learned Counsel for the petitioners. None appears on the other side.2. This application under Section 402, Cr.P.C. is directed for quashing the proceeding of Case No. C.R. 537 of 1982 pending in the Court of the Judicial Magistrate, 1st Class Te2pur, as well as the order dated 19.8.1982 passed by the learned Magistrate issuing process under Sections 500/501/34, IPC, against the petitioners for appearance in the Court.3. Opposite party Shri Purna Narayan Sinha instituted a complaint before the learned Judicial Magistrate, Darrang, Tezpur, on 18.8.1982 alleging that the people's agitation known as Assam Agitation spearheaded by All Assam Students Union (AASU) and All Assam Gana Sangram Parishad (AAGSP) was in progress for the past 3 years against: infiltration of foreign nationals into Assam, demanding their detection, deletion of their names from the electoral rolls and their deportation and that this movement is not aimed at secession of Assam from India. It is fu...
i.C. Chakravarty Vs. Khasi Hills District Council
Court: Guwahati
Decided on: Jun-14-1983
D. Pathak, C.J. 1. This matter has arisen out of a reference made by the Assistant to the Deputy Commissioner, Shillong. The reference is as hereunder:'No. KJJ/T/77/98 Dated Shillong, the Sir, In view of the judgment of Hon'ble Supreme Court in Civil Appeals Nos. 1475 and 1476 reported in AIR 1975 SC 1022, a confusion has arisen with regard to jurisdiction of Asstt to D. C. in the areas those have been ceded with the Shillong Municipal Authority for the purpose of Municipal Administration only, vide notification No. 44-1 dated New Delhi, the 16th January, 1934. In case No. M. S. 153(T)/76 learned lawyer for defendant contended that this Court got no jurisdiction as both the parties are Tribals and place Mawkhar is outside Shillong Municipality. He relied on above mentioned Hon'ble Supreme Court judgment in support of his contention. Learned lawyer for plaintiff contended that this Court get jurisdiction. He referred to Para 20 of 6th Schedule of the Constitution of India. He referred ...
Om Prakash Sharma Vs. Ramkishan Agarwal
Court: Guwahati
Decided on: Jun-07-1983
S.M. Ali, J.1. The petition under Section 397/401 Cr.P.C. is directed against the order dated 21.11.80 passed by learned Addl. Sessions Judge, Gauhati in Misc. Appeal No. 24 (K-4) of 1979 dismissing the appeal and upholding the order dated 29.6.79 passed by the learned Judicial Magistrate, Gauhati under Section 452 Cr.P.C. in case No. C.R. 667 C of 1975 by which the learned Judicial Magistrate rejected the petition of this petitioner for having custody of the vehicle involved in the case.2. Vehicle No. ASK-7891 (truck) was purchased by and registered in the name of Bhawarlal Sharma who died in an accident in the midst of the litigations regarding the vehicle as narrated below. The vehicle was acquired by late Sharma under hire purchase agreement with a firm styled as M/s Kamal Trading Co. of which the present petitioner Om Prakash Sharma is a partner. It is the case of the Kamal Trading Co. that late Sharma failed to abide by the terms and conditions of the hire purchase agreement and...
Nanda Lal Kedia Vs. Jaswant Singh and anr.
Court: Guwahati
Decided on: Jun-03-1983
K. Lahiri, J.1. By short-circuiting the process of trial more often than not the Tribunals cause great harm to the parties. It has become a common practice to nip in the bud the proceedings arising out of motor accident compensation cases before the Tribunal by adopting shortcut methods of dismissal of the actions without taking care to dispense the deliberate and benignant justice to the victims of motor accidents.2. The Appellant-Claimant filed his claim petition before the learned Tribunal, took all necessary steps to serve notices on the Opposite Parties, the owner-driver of the truck as well as the insurer M/s. National Insurance Co. Ltd., Nowgong, Assam. He paid the postal charges for summoning the Opposite Parties. The processes were sent by registered post to the opposite parties. On 4-4-1981 Opposite Party No. 2 the Insurance Company appeared and prayed for time to file written statement. However, the service report on opposite party No. 1 was that the addressee was 'not know...
Nandalal Kedia Vs. Jasawant Singh and anr.
Court: Guwahati
Decided on: Jun-03-1983
Lahiri, J.1. By short-circuiting the process of trial more often than not the Tribunals cause great harm to the parties. It has become a common practice to nip in the bud the proceedings arising out of motor accident compensation cases before the Tribunal by adopting shortcut methods of dismissal of the actions without taking care to dispense the deliberate and benignant justice to the victims of motor accidents.2. The Appellant-Claimant filed his claim petition before the learned Tribunal, took all necessary steps to serve notices on the Opposite Parties, the owner-driver of the truck as well as the insurer M/s. National Insurance Co. Ltd., Nowgong, Assam. He paid the postal charges for summoning the Opposite Parties. The processes were sent by registered post to the opposite parties. On 4-4-1981 Opposite Party No. 2 the Insurance Company appeared and prayed for time to file written statement. However, the service report on opposite party No. 1 was that the addressee was 'not known' ...
A. Gupta Trust Estate Vs. Commissioner of Wealth-tax
Court: Guwahati
Decided on: Jun-02-1983
Lahiri, J.1. Whether the provisions of Section 5 of the Limitation Act, 1963, are applicable in proceedings under Section 27(3) of the W.T. Act, 1957 This absorbing and intriguing question has come up for our consideration in the proceedings which are off-shoots of Civil Rules Nos. 12(M), 36(M) and 37(M) of 1979.2. The Appellate Tribunal refused to state the cases of the assessees under Section 27(1) of the W.T. Act, 1957, for short 'the Act', on the ground that no question of law arose out of the appellate orders. Admittedly beyond 90 days from the date on which the assessees were served with the notices of refusal, they filed applications to this court under Section 27(3) of 'the Act' for requiring the Appellate Tribunal to state the cases to the High Court. In other words, the assessees have made applications under Section 27(3) of ' the Act ' beyond the prescribed period of 90 days and also have filed applications under Section 5 of the Limitation Act, 1963, for extension of the ...
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