Guwahati Court January 1992 Judgments
Kandarpa Thakuria Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Jan-30-1992
M. Sharma, J.1. This criminal appeal has arisen against the judgment dated 9-8-85 passed by the Sessions Judge, Cachar at Silchar in Sessions case No. 9/85 convicting the accused appellant Under Section 376/511 of the I.P.C. sentencing him to suffer simple imprisonment for one year and to pay a fine of Rs. 1000/- in default further simple imprisonment for another 6 months. The prosecution case in brief is that one Md Kasem Ali, constable No. 885 was attached to Sonai Police Station. He was away from home on duty on the date of occurrence i.e. 24-9-83 leaving his wife Newaroon Nessa and his minor daughter in the barrack inside the police compound. The accused K. Thakuria is the Asstt. Sub-Inspector of Police attached to the said police station. He also got a quarter in the same police compound. On the date of occurrence at 11 p.m. while Newaroon Nessa (PW 4) was sleeping alone inside the room bolting the doors the accused somehow managed to open the door of the house and trespassing in...
Tag this Judgment!Sri Binod Chandra Goswami Vs. Dr. Anandi Ram Baruah and anr.
Court: Guwahati
Decided on: Jan-27-1992
S.K. Homchaudhuri, J. 1. This revision petition is directed against the order dated 20-10-90 passed by the Member, Motor Accident Claims Tribunal, Jorhat in M.A.C.T. Case No. 21 /90. By the impugned order the learned tribunal held that the petitioner Binod Chandra Goswami, brother of the injured Promod Goswami not being duly authorised to make claim within the meaning of Section 166(l)(d) of the Motor Vehicles Act, the petition filed by him was not maintainable and accordingly rejected the claim application. 2. Earlier on the basis of the materials placed before the learned Tribunal, an order was passed for payment of compensation amounting to Rs. 12,500/- to the injured Under Section 140 of the M. V. Act on the principle of no fault liability. 3. I have heard Mr. D, N. Choudhury, learned counsel for the petitioner and Mr. S. N. Sarma, learned counsel for the opposite party. Mr. Choudhury submits that although the application claiming the compensation was initially filed by the petit...
Tag this Judgment!United Bank of India Vs. Sri Debendra Nath Roy Choudhury
Court: Guwahati
Decided on: Jan-27-1992
Manisana, J. 1. This is an appeal bythe plaintiff, United Bank of India, againstthe defendant respondent from the judgmentand decree dated 18-12-86 passed in TS 20 of1982 by the Assistant District Judge (1) atSilchar dismissing the suit for sale in defaultof payment of mortgage-money ofRs. 53,556.24. 2. The case of the plaintiff, in brief, was thus. The plaintiff-bank allowed the defendant the benefit of a cash credit account with a limit of Rs. 20,000/-, i.e. there was an arrangement of cash credit account, by which the plaintiff-bank allowed the defendant to borrow money up to the limit of Rs. 20,000/ -. The payment of money advanced or to be advanced by way of loan, or performance of an engagement, was secured by (1) a mortgage by deposit of title-deeds, (2) a demand promissory note of Rs. 20,000/- and (3) an agreement to pledge goods. But the defendant failed to pay the amount due. The defendant contested the suit. The case of the defendantwas, inter alia, that he took the loan ...
Tag this Judgment!Gopal Chai Chetri Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-21-1992
U.L. Bhat, C. J. 1. A copy 9f the writ petition has been served on Shri S.A. Laskar, learned Sr. Govt. Advocate Assam appearing for respondents 1 to 3. In the nature of the order we propose to pass, we find it unnecessary to issue notice to respondents 4 to 6. 2. Petitioner's case can be summarised as follows : He had been serving as Peon-cum-Chowkidar from 1982 till 1988 continuously in the office of the 3rd respondent, Superintendent of Taxes, North Lakhimpur, though his appointments were against leave vacancies for all these years. He is a registered unemployed in the Employment Exchange at North Lakhimpur, Registration No. being 1794/81. The 3rd respondent sent a letter requesting District Employment Officer, North Lakhimpur (not a party to this petition) to sponsor, names of suitable candidates for appointment to the post of Peon-cum-Chowkidar and the latter sent a panel of names to the 3rd respondent. He did not sponsor the petitioner's name. Petitioner submitted an application...
Tag this Judgment!Md. Sahid Ali Fakir and ors. Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Jan-21-1992
S.K. Homchaudhuri, J. 1. This petition has been filed under Section 17 of the Illegal Migrants (Determination) Tribunal Act, 1983, (hereinafter referred to as IMDT Act). However, during the pendency of the petition the IMDT Act, 1983 was amended by Act 24 of 1988 and the Section 17 conferring revisional jurisdiction to the High Court has been deleted. However, in appropriate case this Court can exercise jurisdiction under Article 227 of the Constitution of India and this petition is treated as a petition under Article 227 of the Constitution. 2. Proceedings under the provisions of Foreigners Act in F.T. Case No. 13/80 was initiated against the petitioners before the Foreigners' Tribunal, Sonitpur. After enactment of the I.M.D.T. Act, 1983, the case was transferred to the learned I.M.D. Tribunal, Sonitpur, hereinafter mentioned as the Tribunal. The case was renumbered as I.M.D.T. Case No. 8/85. In the proceeding before the tribunal, the State examined one witness i.e. the police offic...
Tag this Judgment!Miss Lipika Das Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Jan-13-1992
Manisana, J.1. This case relates to reservation of seats in the matter of selection by the Government of Meghalaya for admission into graduate course in the Medical Colleges. The record produced by the Government of Meghalaya indicates that at the relevant time the Government of Meghalaya reserved two seats for Scheduled Caste and Other Backward Classes clubbed together. Two candidates belonging to Other Backward Classes, namely, Shrabani Paul and Bhawana Thapa, were selected by the Government of Meghalaya. There were two other candidates belonging to Scheduled Caste, namely, Krishna Das and Lipika Das. In the merit list, Krishna Das was at serial No. 4, and Lipika Das was at serial No. 6. Lipika Das has filed this application under Art. 226 of the Constitution of India challenging the manner of reservation made by the Government of Meghalaya. Her case is that the reservation for the candidates belonging to Scheduled Caste and Other Backward Classes should have been made separately, n...
Tag this Judgment!Ranubala Sutradhar Vs. State of Tripura
Court: Guwahati
Decided on: Jan-10-1992
S.K. Homchaudhuri, J.1. Plaintiff-appellant instituted Money Suit No. 6 of 1978 claiming compensation of Rs. 1,00,000/- against the respondent for the unnatural death of her eldest son, Swapan Sutradhar, in the police custody due to negligence of the State machinery, namely, police officials of the Kotwali Police Station. The admitted facts are that deceased Swapan Sutradhar was arrested in connection with Kotwali P.S. Case No. 31 (4) of 1976 under Section 379, Indian Penal Code, 1860, in the night of 25.4.1976. On the following morning, he was taken out of the lock-up for interrogation at 7.30 a.m. and after completion of interrogation he was sent back in the lockup at 7.45 a.m. and that at about 8 a.m. he was found dead in the lock-up and according to the police he committed suicide between 7.45 a.m. and 8 a.m.2. The defendant resisted the claim by filing written statement. On the pleadings of the parties following issues are framed by the learned Additional District Judge, West Tri...
Tag this Judgment!Smt. Snigdha Chaya Devi Vs. Sri Akhil Chandra Sarma
Court: Guwahati
Decided on: Jan-10-1992
Srivastava, J. 1. This is wife's appeal against the judgment and decree dated 25-3-85 for judicial separation passed by the learned District Judge, Sibsagar at Jorhat. 2. The undisputed facts are that when the petition was filed the petitioner husband, respondent in this appeal, was Principal of a College and lately has been Professor in Chemistry in Cotton College, Guahati. The opposite party, the present appellant was a Lecturer in a college and lately has been Lecturer in Physics in Assam Engineering College, Guahati. They were married on 16-10-69. They have three daughters born in the years 1971, 1973 and 1977 respectively. 3. The respondent herein had on 20-12-78 filed petition against the appellant u/Section 13(1) of the Hindu Marriage Act, 1955, here in afterreferred as the Act, for divorce on the allegations of abnormal character and conduct, abnormally aggressive and violent behaviour even on slightest pretext resorted to biting, frowning on the petitioner husband with weapo...
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