Guwahati Court June 1987 Judgments
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Biharilal Agarwalla and anr. Vs. Tamizul Haque
Court: Guwahati
Decided on: Jun-25-1987
B.L. Hansaria, J. 1. A suit for eviction of the petitioners was filed in 1970 by the opposite party describing himself as mutawalli of M. Safiullah Wakf Estate of Tinsukia. The mutawalli had to come forward as the property belonged to the aforesaid Wakf. Eviction was sought, inter alia, on the ground that the petitioners had defaulted in paying rent since the month of Feb., 1962, and that the suit property being in a 'very miserable condition' needed reconstruction. The petitioners denied that the premises belonged t the aforesaid Wakf and that the plaintiff was a duly constituted mutawalli of the same. The averments relating to the petitioners being defaulters or that the premises wereneeded bona fide for reconstruction were also denied. 2. On the pleadings of the parties 9 (nine) issues were framed of which we are concerned with Issues Nos. 1, 2, 5 and 6 which read as below : -- '1. Whether the suit is maintainable? 2. Whether the plaintiff has right to sue? 5. Whether the defenda...
Nirmalendu Biswas Vs. the State
Court: Guwahati
Decided on: Jun-20-1987
S.N. Phukan, J.1. This is an appeal against the judgment and order dated 2-11-79 passed by the learned Special Judge, Assam, at Gauhati in Special Case No. 10 of 1975. By the aforesaid judgment, the learned trial Court found the accused person guilty under Section 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act, 1947 and under Section 420,1.P.C. and convicted him accordingly. The learned Special Judge sentenced the accused person to undergo rigorous imprisonment for term of one year and fine of Rs. 800/- for the offence under the Prevention of Corruption Act and also sentenced him to undergo rigorous imprisonment for a term of one year and fine of Rs. 200/- for the offence under Section 420, I.P.C. The sentences are to run concurrently.2. On 9-4-73, the Superintendent of Police, Delhi Special Police Establishment, Shillong filed the First Information Report and from the said F.I.R. I find that according to the prosecution Late B. N. Borbora while functioning as Extr...
Golap Chandra Das Vs. State of Assam
Court: Guwahati
Decided on: Jun-10-1987
Manisana, J.1. This is a revision petition from a judgment and the order dt. 1 May 1978 of the learned Sessions Judge (UAD) Jorhat passed in Criminal Appeal No. 5(4)/77 dismissing the petitioner's appeal from the judgment and order dt. 7 Oct. 1977 passed by the learned Judicial Magistrate of the 1st Class Golaghat in G. R. Case No. 899/73.2. The case of the prosecution was that the accused-petitioner was the Accountant-cum-Cashier of the Assam Co-operative Sugar Mills at Dergaon. He withdrew Rs. 3,758.49 for making payment to 70 centrifugal mazdoors, that is, the accused was entrusted with Rs. 3,758.49 for making payment to 70 mazdoors. Out of Rs. 3,758.49, Rs. 2,011.40 were not paid to 37 of the mazdoors, but entries in cash book and scroll were made by the accused showing payment of Rs. 2,011.40. The amount of Rs. 2,011.40 were not deposited in the cash box. The accused failed to account for the amount of Rs. 2,011.40 entrusted with him. Thus accused dishonestly misappropriated the...
United India Insurance Co. Ltd. Vs. Mukti Nath Das
Court: Guwahati
Decided on: Jun-10-1987
Manisana, J. 1. This is an appeal from an award of the Motor Accidents Claims Tribunal, Kamrup, of March 25, 1986, made in MAC Case No. 47(K) of 1985.2. A goods vehicle bearing registration No. AMK 6224 loaded with timbers was driven rashly and negligently and hit the car in which, the claimant was travelling. In that accident, the claimant sustained injuries on his chest, little finger of the right hand, left leg and private parts.. The claimant claimed Rs. 50,000 against the owner and the driver of the vehicle as well as against the insurance company. The case proceeded ex parte against the owner and the driver of the vehicle. The insurance company contested the case by filing a written statement. The Tribunal made an award directing the insurance company to pay Rs. 25,000 with interest at 9% from the date of application'for compensation to the date of payment and costs of Rs. 500. Against the award, the insurance company has filed this appeal.3. The facts which emerge out of the r...
Smt. Best Morning Khongthohrem Vs. Nirmalendu Deb
Court: Guwahati
Decided on: Jun-02-1987
Saikia, Actg. C.J. 1. In this reference the decree nisi granted by the Additional Deputy Commissioner, Jaintia Hills District, Jowai dated 28-8-86 in Divorce Suit No. 1 of 1986 declaring the marriage between the petitioner and the respondent null and void under Section 19 of the Indian Divorce Act, 1869, for short 'the Act', has come up for confirmation under Section 20 of the Act.2. The petitioner Smt. Best Morning Khongthohrem's case is that she was married to respondent Sri Nirmalendu Deb, then a widower, on 28-12-77 at the Church of Epiphany, Mawlynnong village according to the Christian rites. The ceremony was solemnised by Rev. Huxly B. Syngoh who issued the marriage certificate, Ext. I. After the marriage the parties lived and co-habited together at the Government quarter, Civil Hospital Compound, Jowai, where the respondent was posted as Pharmacist, for more than 6 years, but they had no issue. In the month of May, 1983 the respondent informed the petitioner that there was no...
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