Guwahati Court April 1986 Judgments
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Subho Ram Kalita (Deceased by L.R.S) and ors. Vs. Dharmeswar Das Koch ...
Court: Guwahati
Decided on: Apr-29-1986
Saikia, J.1. Hansaria, J. sitting singly has referred the following question to Division Bench :'Whether recourse to Section 151, C.P.C. is permissible for staying a suit or for injuncting a plaintiff of a later suit from proceeding with his case under those circumstances where the requirements of Section 10, C.P.C, are not satisfied.'2. The question has arisen under the following facts and circumstances. The plaintiff-petitioner instituted Money Suit No. 59/75 against the defendant-opposite party No. 1 and two others for Rs. 3,696/-being the price of 132 maunds of paddy on account of damage for use and occupation of 10 B. 4 K. 16 Laches of plaintiff-petitioner's land. Munsiffs court decreed the suit for Rs. 21/- holding that the defendant was a tenant under the plaintiff. The plaintiff preferred therefrom Money Appeal No. 5/76 before the Assistant District Judge who allowed the appeal decreeing the suit for Rs. 3,696/-. The defendant therefrom preferred Second Appeal No. 6/78 which w...
Sambhu Bora and anr. Vs. State of Assam
Court: Guwahati
Decided on: Apr-29-1986
K.N. Saikia, J.1. Appellants Sambhu Bora and Tarun Bora, father and son, appeal from the judgment convicting them Under Section 302/34,1.P.C. and sentencing each of them to rigorous imprisonment for life.2. On a written F.I.R. lodged at Kanpur Police Station by Tileswar Hira (P.W, 2) stating that on 8-9-74 at about 7 A.M. while his father, Puran Singh Hira, was ploughing the appellant Sambhu Bora and his eldest son assaulted him with dao and six other persons assaulted him with lathis and daos, registering a case, the 2nd Officer of the Police Station (P.W. 10) investigated it, held inquest over the dead body of Puran Hira, sent it for post-mortem examination and arrested the accused-appellants; and his successor submitted the charge sheet. Committed to Sessions, the appellants were charged Under Section 302/34,I.P.C to which they pleaded not guilty. At the trial the prosecution examined 10 witnesses including the Doctor and the Investigating Officer. When examined Under Section 313, ...
Himangshu Sekhar Chakravorty Vs. Tax Recovery Commissioner and ors.
Court: Guwahati
Decided on: Apr-09-1986
K. Lahiri, J. 1. The following core questions have been propounded in this application under Article 226 of the Constitution : '(i) Whether on withdrawal or cancellation of the recovery certificate by the Income-tax Officer under Section 224 of the Income-tax Act, 1961, for short 'the Act', the Tax Recovery Officer can proceed with the recovery proceedings under 'the Act'? If so, whether, in the case in hand, the Income-tax Officer withdrew or cancelled the recovery certificate issued by him? (ii) Whether the impugned recovery certificate dated April 12, 1954, was barred under Section 46 of the Indian Income-tax Act, 1922, for short 'the old Act', read with Section 231 of the 'the new Act' ? (iii) Whether the recovery proceedings under 'the Act' are void, illegal and without jurisdiction in the absence of a valid and enforceablerecovery certificate and, therefore, the proceedings should be quashed, the respondents be prohibited from and ordered not to give effect to the acts or action...
Shri. Krishna Bahadur Pradhan Vs. Smti. Tikamaya Newar
Court: Guwahati
Decided on: Apr-07-1986
K. Lahiri, J.1. This revision is directed against an order dated 5-8-85 passed by the Sessions Judge, Sonitpur at Tezpur in Criminal Motion No. 121(D-2)84 whereby learned Judge having set aside the order of the Magistrate has awarded maintenance to the wife and children of the petitioner under Section 125 of the Code of Criminal Procedure, 'the Code' for short.2. It is a tragic story. Such tragedies are happening everywhere and almost daily. Smt. Tikamaya, the opposite party married the petitioner following the rites of Hindu Marriage. The husband promised before Almighty witnessed by the sacred fire (Homa) that he would share her sorrows, anxieties and care until death. He promised to share bread with her. The sacred promises, it seems are made to be breached. In the majority of cases it is trifle simple to find the guilty species. The stronger, the powerful, the Gods on earth are mostly found betraying the trust reposed on them by the soft hearted maidens. In most of the cases the v...
Thaneswar Bora Vs. Kumud Sarmah
Court: Guwahati
Decided on: Apr-07-1986
K. Lahiri, J.1. The questions that fall for determination in this revision stemming from a proceeding under Section 133 of the Criminal Procedure Code, ('the Code' for short) are whether the proceeding was invalid for breach of the provisions contained in Sections 137 and 141 of 'the Code'? If so, whether the impugned order dated 10-9-1984 passed by the Sub-divisional Magistrate (Executive), North Lakhimpur in Misc. Case No. 333/84 under Section 138 of 'the Code' is invalid, illegal and liable to be set aside? If appropriate procedure has not been followed should the entire proceeding be quashed or it should be allowed to continue from the stage where the learned Magistrate committed the error of law?2. This is a proceeding under Section 133 of 'the Code'. The applicants (opposite party) herein were interested to see trial the general public get adequate water supply from the rivulet named 'Gogola Mornoi'. It appears that the rivulet is the fountain head of water supply to many villag...
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