Guwahati Court August 1983 Judgments
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Nowrangrai Agarwalla Vs. Rambhagat Thakur
Court: Guwahati
Decided on: Aug-24-1983
K. Lahiri, J.1. This Criminal Revision is directed against an order dt. 22.3.83 passed by the Additional Chief Judicial Magistrate, Sibsagar in G.R. Case No. 1025 of 1982 directing the petitioner to produce his daughter, Kumari Nenia Agarwalla. Admittedly, the petitioner is the father of the girl. The girl was found missing and the petitioner filed a case of kidnapping against the opposite party and claimed that she was aged about 15 to 16 years. The police registered a case and during the investigation the opposite party was arrested along with the girl. However, during the proceedings the girl was handed over to her natural guardian, namely, the petitioner. Police after investigation, submitted final report which was accepted by the Magistrate and he discharged the accused person on 29.12.82. After about 3 months, that is, on 16.3.83, the opposite party filed an application in G.R. Case No. 1025/82 arising out of Demow P.S. Case No. 78/82 stating that there was no material against h...
Hemchandra Choudhury and ors. Vs. Dr. Harmohan Pathak
Court: Guwahati
Decided on: Aug-19-1983
B.L Hansaria, J.1. An award was passed in a motor accident claims case in favour of the claimant who was injured in an accident which had taken place on 14-11-1968 at about 2.15 p.m. in the city of Gauhati itself. The claimant is a medical practitioner and his case is that he had sustained head injury with fractures on different parts of the body and had undergone pain and suffering. On being satisfied that the accident was due to negligence on the part of the driver, a sum of Rs. 20,000/- has been awarded in favour of the claimant which, as per the award, 'will be realised from the Insurer the opposite party No. 3 M/s. Phoenix Assurance Company Limited, Gauhati or other authority which has taken the responsibility of the business of the said company.' This appeal has been preferred jointly by the owner of the vehicle, the driver of the same and the Insurance Company.2. Sri Das for the respondent has raised preliminary objection regarding the maintainability of the appeal inasmuch as ...
Gautam Saikia and Etc. Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Aug-19-1983
N.I. Singh, J. 1. These two Civil Rules in which common questions of fact and law are involved are heard together and disposed of by this common judgment2. Detenu Gautam Saikia is the petitioner in Civil Rule (HC) 156 of 1983 and detenu Chakren Saikia is the petitioner in Civil Rule (HC) 157/83. The petitions are for Writ of Habeas Corpus challenging the detention order made on 25-3-83 by the District Magistrate. Sibsagar. Jorhat. The detention order was passed under Section 3(2) read with Section 3(3) of the National Security Act, 1980 (hereinafter called 'the Act'), on his being satisfied that it was necessary to detain them with a view to preventing them from acting in a manner prejudicial to the maintenance of public order. Both of them were under arrest at the time when the order of detention was passed in connection with some police cases. The order of detention was served on them while they were under custody in jail. The grounds of detention were furnished to the detenus on 2...
Sushil Kumar Sen and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-18-1983
Hansaria, J. 1. There are two important articles in the constitution which protect the cultural and educational rights of the people of the country. They are Articles 29 and 30 and these have been incorporated in the part dealing with the mental rights. Of these two provisions, the one with which we are mainly concerned is Article 30 which states that- '30 Right of minorities to establish and administer educational institutions--(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. (1A) * * * (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.' 2. The petitioners are attached to a minority institution the same being 'Vivekanand Vidya Mandir M. E. School.' There is no denial that this school belongs to the Bengali community w...
Motoi Mia and ors. Vs. Abdul Haque and ors.
Court: Guwahati
Decided on: Aug-11-1983
T.N. Singh, J. 1. This appeal by the defendants against a remand order involves a short but important point of law. The suit was for. determination of the respective shares of the plaintiffs on effecting an imperfect partition of the scheduled land. On pleadings as many as 6 issues were framed of which issues Nos. 1, 3 and 5 were decided in favour of the plaintiffs. The learned Munsiff held that the plaintiffs had cause of action for the suit; that the suit was not barced by limitation; and also that the plaintiffs had title to the suit land. The suit was dismissed by him on the basis of his findings on issues Nos. 2 and 4 which related in one case to non-joinder of parties and in the other case to maintainability. The Court held that the suit being one for partition all the co-sharers were necessary parties and from the evidence it having been found that some co-sharers were not impleaded by the plaintiffs he decided issue No. 7 in favour of the defendants to hold that the plaintiffs...
Hemchandra Choudhury and ors. Vs. Dr. Harmohan Pathak
Court: Guwahati
Decided on: Aug-09-1983
Hansaria, J. 1. An award was passed in a motor accident claims case in favour of the claimant who was injured in an accident which had taken place on November 14, 1968, at about 2.15 p.m. in the City of Gauhati itself. The claimant is a medical practitioner and his case is that he had sustained head injury with fractures in different parts of the body and had undergone pain and suffering. On being satisfied that the accident was due to the negligence on the part of the driver, a sum of Rs. 20,000 has been awarded in favour of the claimant which, as per the award, 'will be realised from the insurer, the opposite party No. 3, M/s. Phoneix Assurance Company Limited, Gauhati, or other authority which has taken the responsibility of the business of the said company'. This appeal has been preferred, jointly by the owner of the vehicle, the driver of the same and the insurance company. 2. Sri Das for the respondent has raised a preliminary objection regarding the maintainability of the appea...
Lalji Singh Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-08-1983
Lahiri, J. 1. Sluggish justice is antithesis of decent and fair procedure enshrined in our Constitution. We invited learned counsel to help us dispense quick but deliberate justice and we record our appreciation that learned counsel for the parties co-operated with us and desired that the matter may be finally disposed of today. 2. This writ application under Article 226 of the Constitution is projected against the order dated 30-7-1983 passed by the Government of Assam (Forest Department) dismissing the review application of the petitioner. It is necessary to give a thumb-nail details of the facts leading up to this application. Over six years ago tenders were invited for settlement of the Plywood coupes in question under the provisions of the Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977, for short 'the Rules'. Six persons boxed their tenders and Ram Nath Singh, Respondent No. 5 offered Rs. 1,11,999/-, admittedly the highest offer. However, his tender was declared t...
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