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Guwahati Court December 1994 Judgments

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Dec 20 1994

Amal Kumar Purkayastha Vs. Smt. Cheru Prabha Choudhury (Barman)

Court: Guwahati

Decided on: Dec-20-1994

D.N. Baruah, J.1. This appeal under Section 19(1)(a) of the Contempt of Courts Act, 1971 read with Rule 12 of the Contempt of Courts (Gauhati High Court) Rules, 1977 is directed against the judgment and order dated 8-8-94 passed by learned Single Judge in Civil Original Petition (Contempt) No. 275/93 convicting the appellant and another under the Contempt of Courts Act and sentencing them to undergo one month's imprisonment in addition to a fine of Rs. 2,000/- each and in default to undergo further imprisonment for a period of two weeks each. Besides this, the learned Single Judge also directed the appellant and another to pay the cost of the contempt petition which was assessed at Rs. 2,000/-.2. The fact of the case for the purpose of this appeal may be stated as follows:-The respondent in this appeal filed a writ petition (Civil Rule No. 795/92) challenging the order dated 24-5-91 issued by the Executive Engineer, Nalbari Division (Irrigation), Nalbari whereby the respondent was rev...


Dec 16 1994

Md. Kubat Ali and ors. Vs. Smt. Pinjira Begum

Court: Guwahati

Decided on: Dec-16-1994

B.N. Singh Neelam, J.1. This Criminal Revision is preferred by the petitioners under the provisions of Section 482 of the Code of Criminal Procedure, 1973 and under Article 227 of the Constitution of India against the preliminary order so passed by the learned Additional District Magistrate, Kamrup, Guwahati on 3-6-94 in Case No. 231 M/94 drawing up a proceeding Under Section 145(1), Cr. P.C. initiating a proceeding Under Section 145, Cr. P.C. between the parties relating to the land in question, i.e., 3 Bs 2 Ks 9 Ls of cultivable land covered by Dag No. 536 of KPP No. 863 situated at Village Saniadi, Mouza Ramdia, PS Hajo in the District of Kamrup, Assam bounded by - North Md. Habib Rahman, North Md. Sahar Ali, East Road and West Md. Burah Ali.2. Heard Mr. B. Ullah, learned counsel for the petitioner and Mr. J. Ahmed, learned counsel for the opposite party.3. The petitioners in this Criminal Revision Petition figured as the members of the second party in the said 145 proceeding. On b...


Dec 12 1994

Md. Harun Ali Rashid Vs. State of Assam and ors.

Court: Guwahati

Decided on: Dec-12-1994

Khanna, C.J. 1. The present civil rule has been filed by Md. Harun Al Rashid praying for a writ of certiorari quashing the directions contained in W.T. Message dated 11-10-1994 (Annexure-XII) issued by the Deputy Commissioner, Marigaon District and notice dated 11-10-1994 (Annexure-XVIII) issued by the Executive Officer, Moirabari Development Block (respondent-3). It has also been prayed that the notice of motion of no confidence should be set aside and quashed and that the respondents be restrained from holding motion of no confidence. 2. We have heard Mr. D.N. Choudhury, Senior counsel appearing for the petitioner Md Harun Ali Rashid, and Mr. A.R. Barthakur, Senior counsel appearing for the contesing respondents. 3. Mr. D.N. Choudhury, counsel appearing for the petitioner has urged that under Section 43 of the Assam Panchayati Raj Act, 1994 (for brevity, 'the Act'), the Deputy Commissioner has got no authority to convene a meeting of no confidence as is being sought to be done in ...


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