Guwahati Court December 2004 Judgments
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Jahur UddIn Mazarbhuiya and anr. Vs. Resida Khatun and ors.
Court: Guwahati
Decided on: Dec-09-2004
D. Biswas, Actg. C.J.1. This Second Appeal is directed against the judgment and decree dated 23.3.1995 passed by the learned District Judge, Hailakandi in Title Appeal No. 13 of 1994 allowing the appeal and reversing the Judgment and Decree dated 14.11.1990 passed by the learned Assistant District Judge, Hailakandi in Title Suit No. 41 of 1986.2. This appeal was admitted for hearing on 1.3.1996 on the following substantial questions of law :-(i) Whether the learned Appellate Court committed an error of law in holding that Laloi Bibi was married for the second time to Khurshed Ali, and Rashida Khatun was born out of this wedlock despite clear finding of both the Courts below that Laloi Bibi was wife of Ismyl Mia ?(ii) Whether the learned Lower Appellate Court committed any error in law in shifting the onus of proof of parentage of Rashida Begum upon the plaintiff appellants ?3. It may be mentioned here that the appellants herein as plaintiffs filed Title Suit No. 41 of 1986 in the Cour...
On the Death of Ibrahim Ali His Legal Heirs Vs. on the Death of Rekib ...
Court: Guwahati
Decided on: Dec-09-2004
D. Biswas, Actg. C.J.1. This Second Appeal is preferred against the judgment and decree dated 31.8.1994 passed by the Additional District Judge, Cachar, Silchar in Title Appeal No. 5 of 1991.2. This Second Appeal was admitted for hearing by the order dated 17.12.1994 on the substantial questions of law as enumerated in the Memorandum of Appeal i.e., perversity committed by the learned first appellate Court based on surmises and conjectures without appreciation of evidence and violation of the provisions of Order 41, Rule 31 CPC.3. Title Suit No. 46 of 1986 was filed by the appellants in the Court of Assistant District Judge No. 1, Silchar praying for declaration of title of the plaintiffs over the suit land described in the Schedule to the plaint and for preliminary and final decree for partition with decree for recovery of possession in respect of five patta land namely, Second R.S. Patta Nos. 42, 24, 41, 60 and 23.4. The learned Trial Court decreed the suit partly on contest against...
Arun Nandi Vs. State of Assam
Court: Guwahati
Decided on: Dec-09-2004
P.G. Agarwal, J.1. Heard Mr. T.J Mahanta, learned counsel for the petitioner and the learned Public Prosecutor for the respondent.2. This revision is directed against the judgment, and order dated 2.5.1997 passed by the Sessions Judge, Dhemaji in Criminal Appeal No. 1(1)/97.3. On 30.4.1996 the Food Inspector, Dhemaji collected the sample of curd (dahi) from the shop premises of Matri Hotel and Restaurant belonging to the petitioner and thereafter the sample was sent for analysis and the public analyst, Assam submitted the report Ext. 14 to the following effect: - 'MILKFat - 3.44%Solids not fat - 8.62%Added water - absentDeficiency in milk fat - 42.6%And am of the opinion that the sample of curds (Dahi) does not conform to the standards.'4. The petitioner was tried by the Chief Judicial Magistrate, Dhemaji in CR Case No. 244/96 and vide judgment dated 27.12.1996 the petitioner was convicted under Section 7 read with Section 16(1)(a) of the Prevention of Food Adulteration Act and senten...
Tsubongse Sangtam and anr. Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Dec-09-2004
B.P. Katakey, J.1. The question to be decided in the present case is, whether pensionary and other service benefits of a deceased Govt. employee can be withheld without holding disciplinary proceeding and without ascertaining the amount due by the said employee during his lifetime.2. The writ petitioner No. 1 who is the father and the writ petitioner No. 2 who is the widow of T. Horiba Sangtam filed the present writ application challenging the action on the part of the State-respondents as well as the Nagaland University Authority in withholding the retiral benefits payable under the provisions of Central Civil Services (Pension Rules, 1972 (hereinafter referred to as the Rules) and gratuity, provident fund etc., and other benefits which were payable to the said deceased employee.3. The facts in brief in the present case is as follows :T. Horiba Sangtam, son of the petitioner No. 1 and husband of petitioner No. 2 was an Executive Engineer in Public Works Department under the Govt. of ...
Chief Engineer, Project Pushpak Vs. Lalremruata
Court: Guwahati
Decided on: Dec-09-2004
1. Heard Mr. G.P. Bhowmick, learned ACGSC for the appellant and also heard Mr. N. Sailo, learned counsel for the respondent.2. In this appeal, the judgment and decree dated 10.10.2000 passed by the learned Assistant to the Deputy Commissioner, Aizawl District in Money Suit No. 17 of 1996 has been assailed.3. Mr. N. Sailo, learned counsel for the respondent raised the question of maintainability of this appeal and submitted that under the relevant rules, the appeal does not lie to this High Court but to the Deputy Commissioner against the judgment and decree passed by the Assistant to the Deputy Commissioner.4. In order to appreciate the submission made by Mr. N. Sailo, learned counsel for the respondent, we may referred to the relevant rules for filing the appeal against the decision of the Assistant to the Deputy Commissioner, Aizawl District, Aizawl. According to Rule 18 of the Rules. For Regulation of the procedure of Officers Appointed to Administer Justice in Lushai Hills issued ...
Sh. Zosangliana Vs. State of Mizoram
Court: Guwahati
Decided on: Dec-08-2004
B. Lamare, J.1. Heard Mr. George Raju, learned counsel for the appellant. Also heard Mr. N. Sailo, learned Public Prosecutor for the State.2. The brief story of this case is that on 18-2-97, the mother of the victim Pi Zarliani submitted a written report to the Officer-in-Charge (OC) Kawnpui Police Outpost to the effect that her daughter aged about 10 years was raped by the accused Zosangliana inside his house after locking the door. The offence was committed by covering the mouth of the victim and thereafter she was raped. The delay in filing the report to the Police was that her daughter was afraid of the accused and did not disclose the occurrence to the complainant-mother. She came to know the incident when her daughter developed pain in her private parts and had discharged whitish substance. On the basis of the FIR the Kawnpui PS Case No. 15/ 97 under Section 376(2)(f), IPC was registered. After the investigation, the charge-sheet was submitted and on the basis of the evidence on...
Nokolenlemba Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Dec-07-2004
B.P. Katakey, J. 1. The present Writ Application has been filed by Mr. Noklenlemba, father of Late Tiaba Ao who was allegedly died in police custody. By the present writ application, the petitioner prayed for awarding compensation in favour of the wife and the minor children of the deceased as well as to the writ petitioner for the said custodial death and also to fix the responsibility on the guilty officers and to take criminal action against them.2. Heard Mr. Imti Longchar, learned Counsel for the petitioner and also Ms. Y. Longkumer, learned Govt. Advocate for the respondents.3. This Court, vide order dated 11.10.2001, while issuing notice of motion directed the learned Addl. Deputy Commissioner (Judicial), Tuensang to cause an enquiry leading to the custodial death of the said deceased and after recording the evidences, both oral and documentary submit report. Accordingly report dated 21.2.2002 was submitted by Shri L.N. Sema, Addl. Deputy Commissioner (Judicial) Tuensang. The w...
Md. Mohibul Haque Vs. Banendra Kumar Mushahary
Court: Guwahati
Decided on: Dec-07-2004
D. Biswas, Actg. C.J.1. This petition under Section 80 and 80A of the Representation of People Act, 1951, hereinafter referred to as the Act has been filed by the petitioner Shri Mohibul Haque challenging the election of the sole respondent Shri Banendra Kumar Mushahary to the Assam Legislative Assembly from No. 24 Gauripur Legislative Assembly Constituency in the general election held in the year 2001.2. The petitioner was a candidate from Indian National Congress while the Respondent was a candidate of Asom Gana Parishad. The result of the election was declared on 14.5.2001 declaring the respondent elected from the above constituency. The petitioner had polled 47332 votes as against 50624 polled by the Respondent.3. The election of the respondent has been challenged on the ground of corrupt practice of bribery and booth capturing. It is alleged that on 8.5.2001 at about 9 P.M., the returned candidate along with two other unknown persons visited the house of Md. Jalaluddin Sheikh at...
Bhagwan Pd. Sahu Vs. Dipak Bhagawati and ors.
Court: Guwahati
Decided on: Dec-07-2004
H.N. Sarma, J. 1. This revision petition arise out of the judgment and decree dated 19.10.2001 passed by the learned Civil Judge (Sr. Division), Sibsagar in Title Appeal No. 6/98 upholding the judgment and order dated 30.07.1998 passed by the learned Civil Judge (Jr. Division), Sibsagar in Title Suit No. 30/88 dismissing the plaintiff's suit.2. I have heard Mr. G.N. Sahewalla, learned senior counsel for the petitioner and Mr. C.K. Sarma Baruah, learned senior counsel appearing for the respondents.3. On 27.04.1988, the plaintiff filed the Title Suit No. 30/88 in the Court of the Munsiff, Sibsagar praying for a decree for khas possession of the suit house ejecting the defendants, for arrear rent and future rent @ Rs. 150 per month and for other reliefs. It is the pleaded case of the plaintiff that the plaintiff is the owner of the suit house measuring 25' x 55' ft situated at Sibsagar town fully described in the schedule of the plaint, which was let out to the defendant/respondents at a...
Roland Sema Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Dec-06-2004
B.P. Katakey, J. 1. By this application the writ petitioner prays for a direction to hear and dispose of the Revision Petition filed by him under Sub-rule (6) of Rule 27 of the Nagaland Municipal Election Rule, 2003. The said Revision Petition was filed by the writ-petitioner against the order dated 23.11.2004 passed by the Returning Officer, Dimapur accepting the nomination of one Shri Vikheho Awomi in respect of Ward No. 7, election for which is going to be held on 8th December, 2004.2. Heard Mr. B.N. Sarma, learned Counsel for the petitioner and also Mr. L.S. Jamir, learned Govt. Advocate on behalf of Respondents Nos. 1 and 3.3. The Govt. of Nagaland has issued a Notification for election to the Dimapur Municipal council fixing 20th November, 2004 as the last date for filing nomination, 22nd November, 2004, the date for scrutiny of nomination, 25th November, 2004 as the date for withdrawal of candidature and 8.12.2004 as the date of election. The writ petitioner has filed his nomin...
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