Guwahati Court May 1987 Judgments
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Amir Ali and ors. Vs. State of Assam
Court: Guwahati
Decided on: May-26-1987
1. The appellants No. 1 Amir Ali and No. 4 Manik Ali are brothers being sons of late Sarafat Ali. The appellant No. 2 Jalaluddin, No. 3 Habib Ali, No. 5 Isnad Ali and No. 10 Sona MJa (c)Sonahar Ali are sons of late Farmuj Ali. Appellants Nos. 6, 7 and 8 Abdur Rashid (c)Mullah, Hilaluddin and Bolai Mia respectively are sons of Habib Ali. Appellant No. 9 Alai Mia (c)Alauddin is the son of Arab Ali. All the appellants are close relatives. The 10 appellants have been convicted under Section 302/149, 325/149 and 324/149 of the I.P.C. in Sessions Case No. 115 of 1983 by the judgment dt. 28-2-1985 of the Sessions Judge, Silchar. They impugne the said judgment in this appeal.2. The case arose on the death of Bhagirath mal on 27-4-1982. Abani Kr. Nath (P.W, 7) lodged First Information Report, Ext.3 at Lala Police Station on 27-4-1982. The prosecution story was that Bhagirath Mal with his uncle Naresh Mal were cultivating their land in the morning at about 6.00 A.M. and at that time accused Ami...
The State Vs. Maj. W.P.F. Roberts and anr. Etc.
Court: Guwahati
Decided on: May-26-1987
B.L. Hansaria, J.1. These revisions are directed against orders of discharge passed by the learned Special Judge, Kohima, in a case under Section 120B/420/468/471 of the Indian Penal Code and Section 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act. The broad allegations against the opposite parties were that they had conspired together to cause pecuniry loss to the Union of India by fraudulent means and in furtherance of the conspiracy misappropriated and cheated the Government by misusing official position, a sum of Rs. 1,05,989.13. Though, initially the case was one but it came to be bifurcated as would appear from the two orders of discharge passed by the learned Judge. At first, the case against the opposite parties Major W.P.F. Roberts and Naik Subedar K.P. Verma was taken up and by an order passed on 29-9-78 they were discharged. Subsequently, the case of the remaining accused was gone into and they came to the discharged by an order dated 21-12-71. Feeling ag...
Dr. A. Loso Vs. State of Manipur
Court: Guwahati
Decided on: May-22-1987
1. Heard learned Counsel Mr. Ashok Potsangbam on behalf of the accused A. Puni Mao of F.I.R. Case No. 617(9) of 1984, Imphal Police Station under Section 392 I.P.C. and 25(1)(a) Arms Act, now detained in Imphal Central Jail. Also heard learned Addl. Public Prosecutor Mr. Irabot Singh.2. The petitioned has filed this application for issuance of a direction to the Inspector General of Police to disclose particular of all pending criminal cases against the accused, if any, so that he may not be arrested in connection with such pending cases after being released on bail in F.I.R. Case No. 617(9) of 1984, Imphal Police Station.3. The accused was previously arrested in connection with F.I.R. Case No. 3(2) of 1986 of Sanapati Police Station under Sections 121, 121A, 302, 307, 395, 397 of the I.P.C., and in which he was released on bail on 26th Mar. 1987. While the bail petition of that case was under consideration, Police did not disclose about the fact of any pending criminal cases against ...
Ahmed Ali Vs. the Superintendent and ors.
Court: Guwahati
Decided on: May-21-1987
K.N. Saikia, Actg. C.J.1. This contempt petition has arisen out of the following facts. Ahmed Ali was convicted on 27-4-82 in Sessions Case No. 50(N-M) 80 vide G. R. No. 242/77 under Section 302/34, I.P.C. and sentenced to R. I. for life and he was undergoing his sentence at District Jail, Nagaon from 27-4-82. He was transferred to District Jail, Tezpur on 22-12-82 vide I. G. Prison's Order dt/- 8-12-82. His Criminal Jail Appeal No. 81(J)82 was decided by the High Court on 20-11-1984 convicting him under Section 324, I.P.C. (instead of Section 302/34, I.P.C.) and sentencing him to undergo rigorous imprisonment for three (3) years. Ahmed Ali whs already in jail for about 2Vi years and he was to get the set off under Section 428, Cr.P.C. The High Court, it appears, sent the judgment with relevant papers in Memo No. 308/Crl. dt/- 22-1-85. Those were fowarded to the District Jail,, Nowgong. It appears the Superintendent, District Jail, Nowgong forwarded a copy of the judgment in G. R. No....
Akanman Bora (In Jail) Vs. State of Assam
Court: Guwahati
Decided on: May-19-1987
S. Haque J. 1. The Appellant Akanman Bora appeals from Jail against the judgment and order of conviction dated 16-6-1983 under Section 302, I.P.C. in Sessions Case No. 72(NL) of 1981 of the Court of Shri P. K. Deb, Sessions Judge, Lakhimpur.2. The prosecution case was that accused Akanman Bora committed murder of Fatik Bora on 22-5-1981. The motive for murder was stated to be his implication in a dacoity caseat the house of Fatik Bora about 2 months prior to this occurrence. There was no dispute on the fact of death of Fatik Bora in the night of 22-5-1981 as a result of cut injuries over head and neck.3. There was no direct evidence of the occurrence. Learned Sessions Judge wholly relied on the confession of the Accused to convict him. However, prosecution adduced evidence of extra-judicial confession before the Village Defence Party. The points for consideration are; (1) What would be the legal value of a confession recorded by administering oath to the maker and the fate of the tri...
Surendra Mohan Sangma and ors. Vs. Khetrinath Sangma and anr.
Court: Guwahati
Decided on: May-15-1987
B.L. Hansaria, J. 1. The question involved in this revision relates to the scope and effect of Section 35B of the Code of Civil Procedure. The question has arisen on these facts. A suit was filed by the petitioners seeking certain reliefs against the opposite parties. In that suit plaintiff No. 4 came to be examined on 15-6-1985. Her examination-in-chief was completed, but on the prayer of the defendants, the cross-examination was deferred to 20-7-1985. On that date the defendants prayed for adjournment of the case. Though the trial court was not fully satisfied about the bona fide of the prayer, none-the-less adjournment was granted on condition that the defendants shall pay adjournment cost of Rs. 200/- and adjourned the case till 24-8-1985. On that date, the defendant again prayed for adjournment. After noting that the defendants had not paid the adjournment cost awarded on the earlier date, the learned trial court thought that in view of the provision of Section 35B, there was n...
KA. Amal Lyngdoh Vs. U. JabIn Pakem
Court: Guwahati
Decided on: May-15-1987
Saikia, Actg. C.J. 1. The decree nisi dated 29-7-86 dissolving the marriage of the petitioner with the respondent granted by the Judge, District Council Court, Jaintia Hills Autonomous District Council, Jowai in Divorce Suit No. 4/86 has come up for confirmation under Section 17, Divorce Act, 1869. The parties are Christians. They were married according to the Christian Marriage Act, 1872 and they had 7 children. The petitioner sued the respondent for divorce on the grounds that the respondent had deserted her for more than 7 years since 1979 without any reasonable cause and had not maintained her and her children since then; and he had treated her with cruelty having often threatened to injure her person, and to burn her house and make her unsafe.2-3. The petitioner examined herself as witness 1 and one U. Kilbert Latam as witness 2. The petitioner deposed that she married the respondent in 1967 whereafter they cohabited and lived together as husband and wife for about 12 years and ...
Brijmohan Bharadwaj Vs. Prema Prabha Das and anr.
Court: Guwahati
Decided on: May-12-1987
Manisana, J.1. This appeal arises from the award dated 28-7-75 of the Motor Accident Claims Tribunal Jorhat in M.A.C. Case No. 16/71.2. The facts of the case may briefly be stated. On 26-5-71 at about 9 p.m., a goods vehicle bearing registration No. ASJ 7383 (Dodge) met with an accident at Borhola-Na-Ali near Dangdhora Chariali. The appellant Brijmohan was the owner of the vehicle. The goods vehicle was carrying logs (fire-woods). Kamal Das, husband of the claimant Prema Prova, was travelling in the vehicle which met with an accident and died in the accident. The Tribunal made an award for Rs. 15,000/- payable by the owner of the vehicle by holding that the death and accident was due to the negligence of the driver of the vehicle; hence this appeal to this Court by the owner of the vehicle.3. As regards the accident and negligence of the driver, it is clear from the evidence of PW 2 Abdul Monia that accident was due to the negligence of the driver. In fact, this fact has also not been...
Sunil Kr. Sarkar (deceased by L.R's.) and Ors. Vs. Aghor Kr. Basu (dec ...
Court: Guwahati
Decided on: May-09-1987
Manisana, J. 1. This appeal arises from the judgment and decree passed by the learned Assistant District Judge Goalpara in Title Appeal No. 99 of 1978 affirming the judgment and decree passed by the learned Munsiff (I), Dhubri in Title Suit No. 120 of 1975 decreeing the suit for ejectment or eviction of the defendant from the suit premises. 2. The plaintiff brought the suit stating that the defendant, on 8-12-1964, took lease of the suit premises at a monthly rent of Rs. 200/-. But the defendant defaulted in payment of rents for the suit premises from the month of February 1967. The defendant has also sublet a portion of the suit premises. The plaintiff demanded rents and possession of the suit premises, but the defendant failedto pay rent and to vacate the suit premises. The defendant contested the suit. The case of the defendant was that he took a loan of Rs. 4,100/- from the plaintiff by mortgaging the suit premises. The defendant was allowed to possess the suit premises as before ...
Jugalkishore Kedia and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-08-1987
Saikia, C.J. (Acting) 1. The petitioners challenge the order of the Inspector of Schools, Nagaon District Circle, Nagaon dated 28:7-77 constituting the new Managing Committee of the 'Gandhi Vidyapith', a High School of Hojai, Nagaon, and the order of the Deputy Secretary to the Govt. of Assam, Education Department dated 17-10-77 declaring the Headmasters of respective schools as drawing and disbursing officers. They also challenge the vires of Section 5 of the Assam Secondary Education (Provincialisation) Act, 1977, for short 'the Act', and of Rule 4 of the Assam Aided Higher Secondary, High and Middle Schools Management Rules, 1976, for short, 'the Rules', as violative of Article 30 of the Constitution. 2. The petitioners state, inter alia, that they belong to the Marwari community and have migrated to Assam from Rajasthan long time back; that they are now permanently residing at Hojai; that Hindi is both their literary and conversational language of general use; that with the growt...
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