Guwahati Court September 1994 Judgments
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Homen BorgohaIn and Ors. Vs. the Brahmaputra Valley Regional Handloom ...
Court: Guwahati
Decided on: Sep-30-1994
M. Sharma, J.1. This revision petition has been filed by the petitioners for quashing the complaint case No. 983/93 pending in the Court of Judicial Magistrate, Guwahati and the entire proceeding therein and also the order dated 1 -6-1994 passed by the said Magistrate explaining the offence Under Section 500/ 501/502 read with Section 34, I.P.C.2. Plea against the maintainability of the complaint in the above mentioned complaint case has been raised to the effect that the person aimed against in the impugned news item is not the Brahmaputra valley Regional Handloom Weavers' Co-operative Society Ltd., but the Managing Director Mr. Jagannath Sarma, and that as the Managing Director Mr. Sarma did not file the complaint as the person aggrieved, the defamation case file at the instance of the Co-operative Society is not maintainable.3. The five petitioners, namely, petitioner No. 1 Homen Borgohain is the Editor of Asom Bani, and Assamese Weekly, petitioners Nos. 2, 3 and 4 P. G. Baruah, Bi...
Sarada Plywood Industries Ltd. Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Sep-28-1994
J.N. Sharma, J. 1. C.R. No. 581/87. This application under Article 226 of the Constitution of India has been filed challenging the legality and validity of the impugned Trade Notice dated 1-4-1987 vide Annexure-C and communications dated 6-4-1987, 9-4-1987 and 23-4-1987 vide annexures D1, D2 and D3 respectively issued by the Assistant Collector of Customs and Central Excise, Dibrugarh and the communications dated 10-4-1987 and 24-4-1987 issued by the Superintendent of Customs and Central Excise, Naharkatia Range-III, Dibrugarh with a prayer for quashing the same.The Trade Notice No. 2/87 reads as follows :-'where the assessee sells their commodities at the factory gate as per Section 4(1)(a), as well as from sale depot as per Section 4(2) of the Central Excises and Salt Act, 1944, in wholesale and the unit billing price at these two points of sale is different, he shall likewise file one price list in Part-I for factory and gate sale and another price list in Part-II for selling Depot...
State of Assam and ors. Vs. Omega Printers and Publishers Private Limi ...
Court: Guwahati
Decided on: Sep-27-1994
Khanna, C.J. 1. The present appeal has been filed by the State of Assam and others against the judgment and order of the learned single Judge passed in Civil Rule No. 1848 of 1993 on 4-4-94. 2. We have heard Mr. S. N. Bhuyan, learned Advocate General, appearing for the State of Assam assisted by Mr. A. C. Sarraa, Government Advocate and Mr. P. K. Goswami, Senior Advocate assisted by Mr. A. C. Borbora and Mr. S. S. Goswami, Advocates appearing for the contesting respondents. 3. At the outset, it may be mentioned that the Court ordered the original records of the Government pertaining to this case be produced before the Court in case the same are so required. It may also be mentioned that Mr. S.N. Bhuyan, learned Advocate General, Assam has filed before us an undertaking which has been signed by the Additional Director of Information and Public Relation Department, Government of Assam and the said document has also been taken on the record of the case. During the hearing of the Civil R...
Suniti Rani Nath Vs. Supriti Kr. Nath Legal Heirs of Pabitra Kr. Nath ...
Court: Guwahati
Decided on: Sep-21-1994
H.N. Sarma, J.1. Challenging the legality, validity and justifiability of the impugned judgment and decree passed by the learned Civil Judge, Sr. Division (No. 2), Silchar in Title Appeal No. 9/1991 dated 12.08.1999 thereby dismissing the appeal filed by the plaintiff/appellant and also divest the appellant out of the right, title and interest whatever was declared in her favour by the learned Trial Court vide judgment and order dated 12.03.1991 passed in Title Suit No. 19/1986, the plaintiff/appellant have filed this second appeal.2. I have heard Mr. B.C. Das, the learned Sr. Counsel for the appellant and also heard Mr. M. Bhuyan, the learned Counsel appearing for the respondents.3. The pleaded case of the plaintiff in brief is that one Giridhar Paul was the original owner of the suit land, which was purchased by the defendant No. 1 and his other two brothers and became the owner thereof. Later on the defendant No. 1 on 07.04.1970 having purchased the share of the other co-owners bec...
Smt. Laishram Ningol Manoharmayum Ongbi Dhaniya Devi Vs. Chief Secreta ...
Court: Guwahati
Decided on: Sep-21-1994
H.K. Sema, J.1. The detenu Shri Manoharmayum Ibotombi Sharma alias M.I. Sharma was arrested on 14-1-94 in connection with F.I.R. Case No. 9(i)/94 Under Section 20 of N.D.P.S. Act registered at P.S. Border Affairs. He was detained on 10-2-94 in exercise of power conferred Under Section 3(i) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the Act). This habeas corpus petition is espoused by his spouse challenging detention order dated 10-2-94 as being illegal.2. Along with detention order, the detenu was served with grounds of detention. Some of the grounds of detention which are relevant for the purpose of disposal of this writ petition read as under:--'1(b) In February, 1984 you were appointed as L.D.C. of Galihati High Court, Imphal Bench. In December, 1991 you were promoted to the rank of Upper Division Assistant (UD) and posted at the same Court. Your present monthly salary is Rs. 2847. As a Govt. employee you...
Dr. Aridhenu Kr. Dey Vs. the State of Assam and anr.
Court: Guwahati
Decided on: Sep-17-1994
M. Sharma, J.1. This petition has been filed by the petitioner Dr. A.K. Dey, who is the Minister-in-charge of Food and Civil Supplies, Govt. of Assam against the order dated 1 -2-93 in CR Case No. 59C/93 taking cognizance of the case and issuing warrant of arrest and also for quashing the entire proceeding in the abovementioned case pending before the Judicial Magistrate, Ist Class, Hojai.2. The abovementioned case was registered on the basis of a complaint lodged by one Famrul Islam, opposite party No. 2 alleging killing of one Abdul Haque by the petitioner with a small gun, taking out from his pocket, in presence of his security guards and escort parties.3. As transpired from the complaint the occurrence took place on 9-12-92 but the complaint was lodged before the Judicial Magistrate on 1 -2-93. The reason for delay in filing the complaint was stated that on 12-12-92 the complainant filed FIR with the police, but the same was not accepted asking him to file it after the 'normalcy' ...
Chandan Kumar Sarkar Vs. Chief Election Commissioner, New Delhi and or ...
Court: Guwahati
Decided on: Sep-16-1994
D.N. Baruah, J. 1. Petitioner, at present a member of Legislative Assembly, was returned from 35-Abhayapuri Assam Legislative constituency. This 35-Abhayapuri Assam Legislative constituency is reserved constituency for scheduled caste. The petitioner submitted his nomination paper as a candidate of Indian National Congress (I) before the Returning Officer, North Salmara, Abhayapuri Sub-Division. The nomination paper was scrutinised and the Returning Officer found it in order. During the scrutiny of the nomination paper no objection was raised by any of the candidate or their election agents against the nomination and the Returning Officer found the nomination paper valid and accepted the same thereby it was also accepted that the petitioner was a member of Scheduled Caste community i.e. Namasudra. 2. After declaration of the result no election case was filed against the petitioner. The petitioner thus became an M.L.A. The 6threspondent, thereafter, submitted a memorandum dated 20-12-...
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