Guwahati Court December 1989 Judgments
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Masaddar Ali and anr. Vs. State of Assam
Court: Guwahati
Decided on: Dec-12-1989
S. Haque, J.1. Masaddar Ali and Monohar Ali alias Monai appeal against the judgment and order of conviction under Sections 302/34, I.P.C. passed by the Sessions Judge, Silchar in Sessions Case No. 64/1980 sentencing them to undergo R.I. for life.2. Jamir Ali sustained injuries in between 7 to 8 p.m. of 10th October, 1976 at village Babicharra. The place of occurrence was at Latu Border not far away from the house of Jamir Ali. The Police Officer Shri N. G. Choudhury of Latu Police Out Post, B.S.F. personnel and the villagers arrived immediately at the place of occurrence and removed injured Jamir Ali to Latu State Dispensary for treatment, but he died there in that night at about 11-35 p.m. as a result of injuries sustained.3. The prosecution case was that Jamir Ali made dying declaration implicating Masaddar Ali, Makmud Ali, Monohar Ali alias Monai and Maybor Ali as his assailants. All the four accused had been arrested, of which Makmud and Maybor Ali had been discharged, but the app...
Saikhom Ningthem Singh Vs. Saikhom Gauramani Singh and ors.
Court: Guwahati
Decided on: Dec-06-1989
Y. Ibotombi SIngh, J. 1. One cannot conceive of a greater judicial sin than the sin of evicting a person from the land which has been in his possession continuously as his own for more than five decades along with his members by constructing dwelling houses under a defective title which he considered to be genuine. 2. This appeal by the plaintiff is directed against the judgment and decree of the learned Additional District Judge, Manipur passed on 17-2-1977 in Civil Appeal No. 14/76/2(1) of 1977 whereby he reversed the decree of the Munsiff, Thoubal passed on 31-3-76 in Original Suit No. 35 of 1974 which granted the reliefs claimed by the appellant. 3. The appellant Shri Saikhom Ningthem as the plaintiff instituted a suit in the Court of the Munsiff, Thoubal being Original Suit No. 35 of 1974 for declaration of his title to the land covered by Old Patta No. 33/934, Thoubal Tahsil corresponding to new patta No. 33/967, Thoubal Tahsil measuring 56 acres, hereinafter referred to as the...
Monoranjan Chakraborty Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Dec-05-1989
B.P. Saraf, J.1. The petitioners in this batch of writ petitions have challenged the vires of the 'first two provisos' to Section 20 and the 'proviso' to Section 21 of the Tripura Sales Tax Act, 1976 (hereinafter referred to as 'the Act'), as amended by the Tripura Sales Tax (Third Amendment) Act, 1984 (hereinafter the '1984 Amendment Act'). Though the facts in different writ petitions are slightly different, as the question of law that arises for consideration is the same, all these writ petitions were heard together and are being decided by this common judgment.2. The relevant facts common to all these petitions, briefly stated, are as follows : The petitioners are registered dealers under the Act. They have been assessed by the Superintendent of Taxes, who is the assessing authority under the Act, in respect of their turnover for different return periods and taxes payable determined on the basis thereof. While making the assessments, the Superintendent of Taxes did not accept the t...
Oriental Fire and Genl. Ins. Co. Ltd. Vs. Ratna Bahadur Chetri and ors ...
Court: Guwahati
Decided on: Dec-05-1989
S.N. Phukan, J.1. On 15.8.1976 in the morning deceased Hik Bahadur Chetri and his two grandsons, Rajbir Chetri and Jhana Bahadur Chetri, were going by the left side of the road, deceased Hik Bahadur on horseback and two grandsons on bicycles. At the relevant time deceased was aged 70 years and his two grandsons 14 years and 25 years respectively. The Bazar bus No. ASU 1621, it was alleged, was driven rashly and negligently and knocked down all the three persons. Hik Bahadur Chetri died on the spot and so also his horse and two grandsons were seriously injured and the bicycles were damaged due to the accident. Three claim petitions were filed before the learned Tribunal and by the common judgment and order the learned Tribunal awarded a sum of Rs. 12,000/- to the legal heirs of deceased Hik Bahadur as compensation and in addition also awarded a sum of Rs. 6,000/- for mental suffering. The learned Tribunal further awarded a sum of Rs. 8,500/- for the injuries sustained by Rajbir and Rs....
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