Guwahati Court August 1992 Judgments
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Kusumpara Pakaria MIn Samabai Samity Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-31-1992
Manisana, J. 1. In this application under Article 226 of the Constitution, the petitioner M/s. Kusumpara Pakaria Min Samabai Samity Ltd. has challenged the order of the Government of Assam dated 25 May, 1992 settling the Fishery No. 129 Haria Dublong Fishery (which we shall refer to as the 'Fishery') with the fifth respondent M/s. Jagirroad Matsyababasaya Samabay Samity. 2. Facts, -- The Fishery was settled with the petitioner for a period of 3 years expiring on 31-3-92. However, the period of settlement was extended to 31-3-93 by the Government of Assam under order dated 27-12-90. But the order of extension was revoked by the order dated 25-5-92 and the Fishery was settled with the fifth respondent. The order of settlement with fifth respondent was stayed by this Court on 27-5-92. 3. The order revoking the extension of the period of settlement with the petitioner before its expiry involves civil consequences as well as pecuniary and evil consequences. Therefore, before revoking the...
Kabiraj Tudu Vs. State of Assam
Court: Guwahati
Decided on: Aug-31-1992
U.L. Bhat, C.J.1. This is a jail appeal filed by the accused in sessions case No. 94(N)/86 on the file of the Sessions Court, Nalbari, who has been convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life and pay of fine of Rs. 1000/- and in default to undergo rigorous imprisonment for six months.2. Prosecution case is that at about 8.00 a.m. on 29-6-1985 appellant armed with a bow and arrow chased Lakhi Mardi, wife of P. W. 1 and when she reached the paddy field of P. W. 2, he shot an arrow which struck her in the back region of her head and she fell down injured. The occurrence was witnessed by P.W. 2 who was working in the field and P.W. 3, the 8 year son of Lakhi Mardi who was coming behind his mother. P.W. 2 ran away out of fear. P.W. 3 ran away and informed his father, P.W. 1, about the occurrence. P.W. 1 came to the scene and with the help of others took his wife to his house where she died. He went to Kumarikata Police Out Post and gave Ext. 1 informa...
Shri Yumnam Ibobi Singh and ors. Vs. Shri Yumnam Yaima Singh and ors.
Court: Guwahati
Decided on: Aug-28-1992
S.N. Phukan, J. 1. This revision-petition has been filed under Section 115 read with Section 151 of C.P.C. against the order of the Additional District Judge No. II, Manipur dated 27-2-86, passed in Judl. Misc. Case No. 14 of 1986 arising out of the Original Suit No. 40/81/4/ 82. The present petition has been filed by the defendants against the above order by which the learned trial Court rejected the prayer of the defendants therein to amend the written statement. 2. It is not disputed that the suit land originally belonged to Rupo Singh of Yumnam alias Imnam clan. According to the plaintiffs, Rupo Singh died leaving behind three sons namely, (1) Thambou, (2) Angouba and (3) Gulamjat. Thambou died leaving behind two sons late Angahal and late Yaimabi and both the sons died leaving behind sons and daughters. Late Angouba died leaving behind two sons namely, late Ibohal and Yaima, who is the plaintiff No. 1. Late Ibohal died leaving behind late Ibechaobi Devi, who was impleaded as de...
United India Insurance Co. Ltd. Vs. Amitabha Dey and ors.
Court: Guwahati
Decided on: Aug-13-1992
U.L. Bhat, C.J. 1. These appeals arise out of a common award passed by Motor Accidents Claims Tribunal (District Judge, Shillong) in M.A.C. Case Nos. 38, 39, 48 and 64 of 1987 arising out of an accident which took place on 27.6.1987 in which 4 passengers travelling in a tourist taxi WNF 8856 died instantaneously. We have heard all the learned counsel appearing in these cases.2. Mokul Dey, his wife Bithika Dey, Faslul Bari Choudhury and Kanulal Kar were travelling in a tourist taxi from Guwahati to Silchar. On account of the negligence of the driver, the car fell into a deep gorge and these passengers died instantaneously. The three sons of Mokul Dey and Bithika Dey filed two claim petitions, M.A.C. 38 of 1987 and M.A.C. 39 of 1987 claiming compensation from the driver, owner and insurer of the vehicle. One of the legal representatives of Faslul Bari Choudhury filed a claim petition, M.A.C. 64 of 1987 claiming compensation on behalf of himself and other legal representatives impleade...
Abdul Kadir Vs. Md. MainuddIn Ahmed and ors.
Court: Guwahati
Decided on: Aug-10-1992
1. Revision petitioner herein is the father of a person who was killed on 9-9-82. On the information given by the petitioner a case was registered and ultimately charge-sheet was laid against respondents 1 to 4 herein as accused for an offence under Section 302, IPC. In due course the case was committed to the Sessions Court and after trial Sessions Court acquitted the accused. The acquittal is sought to be challenged by the father of the deceased by way of this revision filed under Section 401 of the Code of Criminal Procedure, for short the Code. On 1-12-86 when the case came up for admission, the learned single Judge passed an order:-'Let this matter be placed before a Division Bench as this is an appeal against acquittal of the respondents in an offence u/S. 302/34, IPC.'2. On 2-1-89 the Division Bench before which the case came up for admission passed an order -'The revision petition is admitted.'3. The case came up for hearing before one of us and there was a doubt expressed whe...
Tripura Guardians' Forum and Anr. Vs. State of Tripura and Ors.
Court: Guwahati
Decided on: Aug-07-1992
Manisana, J. 1. The facts leading to this petition under Article 226 of the Constitution of India may, in brief, be noted. The Tripura Board of Joint Entrance Examination conducted Joint Entrance Examination, 1992 for admission to professional degree colleges and or institutes. The comparative merit of the candidates was published on 16-6-92. Thereafter, the Government of Tripura issued a memorandum on 17-6-92 for reservation of seats in the professional courses for sons and daughters of Freedom Fighters, Political Sufferers and Social Workers, and for the persons having special career in sports and games belonging to the State of Tripura. The relevant part of the order runs as follows : 'The Governor has been pleased to order that there shall be not exceeding 10% of total seats available for the State in the following Professional Courses be reserved as Discretionary Quota of the Chief Minister of the State :-- (i) Medical courses will comprise of M.B.B.S., B.D.S. and B. V. Sc. Cour...
Sushil Kumar Saha Vs. Juran Chandra Saha
Court: Guwahati
Decided on: Aug-06-1992
D.N. Baruah, J.1. This revision is directed against the appellate judgment dated 23-2-87 passed by the Assistant District Judge, Dhubri in Misc. Appeal No. 12 of 1986, dismissing the appeal and affirming the judgment dated 24-2-86 passed by the First Munsiff, Dhubri in Misc. (J) Case No. 76 of 1984, arising out of Title Suit No. 689 of 1982. 2. The opposite party filed a suit for declaration of right, title and interest over the suit land and for recovery of khas possession. In usual course summons was issued to the petitioner. The suit was filed on 25-11-82 and the summons was served on 27-11-82 by hanging. The Process Server served summons as identified by the wife of the opposite party and when the summons was tendered to thepetitioner he refused to accept the same, accordingly, he affixed a copy of the summons on the main door of his house. A copy of the summons was returned by the Process Server with his report. As per the said report, the petitioner refused to accept the same. ...
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