Guwahati Court July 1987 Judgments
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Smt. Manijan Bibi Vs. Nameirakpam Mangi Singh and anr.
Court: Guwahati
Decided on: Jul-31-1987
T.C. Das, J.1. This revision petition is directed against the order of acquittal passed by the learned Appellate Court below in Criminal Appeal No. 8(2) of 1978 and Criminal Appeal No. 14 (2) of 1978. The learned Sessions Judge disposed of both the appeals by a common judgment dated 29th Aug, 1979. The Criminal Appeal No. 8(2) of 1978 was preferred against the order of conviction of the accused (Respondent No. 1 herein) who was convicted under Section 304A of the Indian Penal Code by the learned trial Court. While considering to inflict the sentence, the learned trial court released the accused with certain conditions under Section 4 of the Probation of Offenders Act but imposed penalty of a fine of Rs. 1,000/- with a direction to pay the said amount of penalty to the family of the deceased within three months from the date of the order. The other appeal, viz. Criminal Appeal No. 44(2) of 1978 was preferred by the State against the order of release of the accused under the provision o...
Chunilal Bhuiya Vs. Bikash Bhuiya and anr.
Court: Guwahati
Decided on: Jul-24-1987
Manisana, J.1. This revision petition arises from an order dated 20 March 1982 of the learned Sessions Judge, Cachar passed in Criminal Motion No. 64(4) of 1981 setting aside the order dated 23 November 1981 passed by the Judicial Magistrate of the 2nd Class, Silchar in C.R. Case No. 2113 of 1981.2. Facts of the case may briefly be stated. On 23 November 1981, the date fixed for hearing of the case, the complainant was absent. Therefore, the learned Magistrate dismissed the complaint and discharged the accused persons under Section 249, Cr. P.C. The learned Magistrate, later on, passed another order which runs in the following terms:The complainant Sunilall Bhuiya appeared before the Court with some of his witnesses. The complainant prays for excuse of his delay in appearing in the Court. For the interest of justice I accept his prayer as the complainant appears before me only a few minutes after the former order is passed. Hence issue notice to the accused persons to appear before t...
Moulabi HussaIn Ahmed and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Jul-20-1987
1. The six petitioners who are residents of the Hojai Sub-division impugned the notification dt. 21-3-86, issued in partial modification of the earlier notification dt. 12-1-84, declaring Sankarbasti renamed as Sankardevnagar as the headquarter of Hojai Sub-division in the district of Nagaon with immediate effect. Earlier in Civil Rule No. 763 of 1986 one Sri Abdul Jalil Raghbi moved a writ petition seeking to quash the same notification dated 21-3-86. The writ petition was dismissed by a Division Bench of this Court holding that the question whether Sankardevnagar was better suited as the headquarter of Hojai sub-division than Hojai was a pure question of fact which could not be properly investigated into and decided in a petition under Article 226 of the Constitution of India. The petitioners have fairly annexed a copy of that judgment and order dated 21st July, 1986 as Annexure-6 to this petition. Even so. notice of motion was issued on this writ petition on 19-12-86. The Governme...
Anchar Ali and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-15-1987
Hansaria, J. 1. Forests are part of our national wealth. Their contributions are varied. They not only provide fuel and other inputs for various industrial and commercial activities but serve some other needs of human society also. They contribute in a significant way to preserve the ecological balance whose growing importance is being realised day by day. The contribution of forests and trees in preventing soil erosion and flood is well-known. The flora and fauna of a country are largely dependent upon them. They shelter and protect agriculture and influence local climatic extremes. They ensure clear water supply and prevent pollution. They are essential components of attractive landscapes and are becoming important for urban population of industrial countries as a source of recreational facilities. But when there is a rapid growth of population the forests become easy victim as the growth in population demands more land for settlement. Even so, a balance has to be struck between th...
Md. Hafiz Alias HafizuddIn Ahmed Vs. Mustt. Noorjahan
Court: Guwahati
Decided on: Jul-10-1987
Manisana, J. 1. This revision petition arises from an order of 24th June, 1981 of the Sadar Munsiff Gauhati passed in T.S. No. 18 of 1979.2. The opposite party as a plaintiff brought the suit (T.S. No. 18 of 1979) against the defendant-petitioners and others in the Court of the learned Sadar Munsiff Gauhati claiming the following reliefs : -- '1. Declaring right, title, interest and possession of the plaintiff on the suit land and confirmation of possession of the plaintiff therein as co-sharer on the land under Dags Nos. 564 and 565 under Patta No. 285 at village Japorigog in Beltola Mouza.2. to pass preliminary decree of partition of the suit land.3. to pass final decree making partition of the suit land after taking account of the land under Patta No. K.R 285.4. to declare that the gift deed No. 6516 of 1972 executed and registered by the defendant No. 1 in favour of defendants Nos. 2, 3, 4 and 5 is not binding on the plaintiff on the share of the plaintiff on the suit land as co-...
Haidar Ali Vs. State of Assam
Court: Guwahati
Decided on: Jul-10-1987
T.C. Das, J.1. Though our Constitution has guaranteed fundamental right and liberty to every citizen to be enjoyed in performance of duties and obligations it may not be considered as a licence to commit any offence as one may like Liberty is not a licence to kill people. Here is a case where a life was lost as a result of quarrel between two housewives over children. We propose to open this case with a broad proposition by quoting Narotam Singh's case as reported in : 1978CriLJ1612 . Their Lordships of the Supreme Court observed and heldThe law of crimes perverts itself on occasions into the crime of law if narrow legalism overwhelms special justice. This criticism applies to the field of penology as well, and so the finer, more perceptive and sociologically relevant approach to punishment, when crime has been proved, is to take a holistic, realistic and humanistic size-up action as to promote rehabilitation without offending community conscience...Discrepancies do not necessarily d...
Hadis Mia Vs. State of Assam
Court: Guwahati
Decided on: Jul-01-1987
Manisana, J.1. This revision petition arises from the judgment and order dated 14 June 1982 passed by the learned Additional Sessions Judge Sibsagar at Jorhat in Criminal Appeal No. 11(3) of 1981 affirming the conviction and sentences passed by the learned Judicial Magistrate of the 1st Class Golaghat in G. R. Case No. 1262 of 1979.2. The case of the prosecution was that, on 5 August 1979, Hadis Mia and his three sons, namely, Arju alia Azimuddin, Shamsul and Majla assaulted Ali Hussain with the pieces of wood. On trial, the learned Magistrate convicted the accused Hadis and Arju under Section 325, IPC and sentenced them to R.I. for 6 months with fine of Rs. 500/- each. The learned Magistrate also convicted Shamsul and Majla under Section 323. I.P.C. and sentenced them to S.I. for 2 months each. On appeal the learned Sessions Judge affirmed the conviction and sentences, but the learned Sessions Judge released the accused Azimuddin, Shamsul and Majla under the Probation of Offenders Ac...
Smt. Minakshi Dhar Vs. Biresh Ranjan Dhar
Court: Guwahati
Decided on: Jul-01-1987
B.L. Hansaria, J. 1. Cruelty is a matrimonial offence. It has, however, defied definition. It cannot, of course, be doubted that physical, or mental torture has to be taken as cruelty. It is equally evident that normal wear and tear of married life cannot amount to cruelty. In this context we have also to remember that for the. Hindus with whom this case is concerned, marriage is still a sacrament and as such it is moral and religious responsibility of a spouse to try to live with his partner as long as possible, suffering in the process some pinpricks and pangs. The door of cruelty cannot be opened too wide lest we find ourselves granting divorce on the ground of even incompatibility of temperament. This would endanger the sacred institution of marriage. If the situation, however, becomes unbearable, a spouse would be within the parameters of law to knock the door of a Court. If the acts constituting cruelty are committed day-in-and-day-out, night-in-and-night-out, it would definit...
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