Guwahati Court August 2004 Judgments
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Lakmi Mongsang Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Aug-16-2004
P.P. Naolekar, C.J.1. This petition is by the wife of the detenu named Shri Kamal Khartu Mongsang. On 08.11.2003, the detenu was served with an order of detention dated 06111.2003 issued by the State Government of Nagaland under the signature of the Additional Chief Secretary (Home), Government of Nagaland detaining him under Sub-section (1) and (2) of Section 3 of the National Security Act, 1980. The detenu was also served with the particulars in support of the grounds of detention on 08.11.2003 along with the order of detention. After service of the detention order and grounds of detention, the detenu has not made any representation either to the State Government or to the Central Government. On 11.12.2003 the Secretary to the Government of Nagaland issued an order confirming the detention in exercise of powers under Sub-sections (1) and (2) of Section 12 of the National Security Act, 1980. The order of detention dated 06.11.2003 may be reproduced hereunder, which reads :'GOVERNMENT...
Nazma Khatun Barbhuiya Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-13-2004
B.K. Sharma, J.1. By this writ petition, the petitioner has assailed the legality and validity of the Annexure-5 order dated 23.6.2004 issued by the Director of Health Services (FW) Assam transferring the petitioner from Sonai PHC under the control of the Joint Director of Health Services, Cachar and posting and placing her in the same capacity at Dalu Sub-centre under Borkhola PHC under the same establishment against an existing vacancy. As per the said order, an earlier order of transfer issued in respect of the respondent No. 3 would remain in force.2. Shortly stated the facts leading to filing of the instant writ petition are that, by an order dated 30.8.2003, the petitioner was transferred and posted at Sonai PHC against a retirement vacancy to be occurred on 30.9.2003 directing her to join the new place of posting on 1.10.2003. The petitioner joined at Sonai PHC on 1.10.2003. After such joining of the petitioner, she could come to know that the respondent No. 3 was also transfer...
Rabia Khatun and ors. Vs. MoinuddIn Ahmed and ors.
Court: Guwahati
Decided on: Aug-12-2004
D. Biswas, J.1. This appeal is directed against the judgment and decree dated 21.3.1995 passed by the learned Assistant District Judge, Cachar, Silchar in Title Appeal No. 22 of 1992 setting aside the judgment and decree dated 17.6.1992 passed by the Learned Sadar Munsiff No. 4, Silchar in Title Suit No. 16 of 1974.2. The suit was filed for partition and recovery of possession by evicting the defendant-respondents herein. The learned Sadar Munsiff No. 4, Silchar decreed the suit for partition as the title of the appellants were already adjudged in earlier litigation and finally in Second Appeal No. 132 of 1969. As submitted by the learned counsel at the Bar, there is no dispute that the appellants (plaintiffs) have title over the suit land sought to be partitioned.3. The learned First Appellate Court set aside the aforesaid judgment on the question of jurisdiction. The learned First Appellate Court held that the suit land has been undervalued and that the suit for partition was not ma...
Association to Uplift Rural Undertaking Action, Training and Education ...
Court: Guwahati
Decided on: Aug-12-2004
I.A. Ansari, J.1. Heard Mr. S.P. Roy, learned counsel for the petitioners, and Mr. D. Das, learned counsel for the respondent No. 5. Also heard Mr. P K Mushahary, learned Senior Government Advocate, Assam, for the respondent Nos. 1 to 4.2. By making this application, the petitioners have approached this Court seeking issuance of appropriate writ or writs prohibiting, restraining and forbidding the respondents from evicting the petitioners from the land and house described in schedule to the application, their case being, in brief, thus : The petitioner No. 1 is a registered society engaged in social works for upliftment of down trodden people with petitioner No. 2 as its Secretary. The petitioner society came into existence in the year 1995 and has been in occupation of the said land by erecting boundary walls around the same and also by constructing one Assam-type house thereon since 1995. On 25.03.2004, the officials of the respondent No. 5 alongwith the local police attempted to fo...
Rimmar Taso Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Aug-12-2004
Ranjan Gogoi, J.1. The challenge in the present writ petition is against an order dated 16.6.2004 transferring the writ petitioner from Yomcha P.W.D. Division to the Office of the Chief Engineer, West Zone at Itanagar. By the aforesaid order dated 16.6.2004, the respondent No. 4 has been brought in place of the petitioner in the P.W.D. Division at Yomcha.2. To appreciate the arguments advanced by the learned counsels for the parties, a brief recital of the facts would be necessary.The starting point of the proposed recital of the essential facts may reasonably commence from 10.9.2003, on which date the petitioner was transferred from Yomcha Division to Mriyang Division. It may be noticed at this stage that the petitioner, prior to his transfer by order dated 10.9.2003, had served at Yomcha only for a period of 3 months. Aggrieved by the aforesaid transfer order dated 10.9.2003, the petitioner instituted a writ petition which was registered and numbered as WP(C)339(AP)2003. The aforesa...
Birajit Sinha and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Aug-11-2004
T. Vaiphei, J. 1. The six petitioners, who are detained in custody in connection with Kailashahar P. S. Case No. 76/2004, under Sections 148/149/506/365/511/326/302 IPC and under Section 27 of the Arms Act, pray for bail under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' only). 2. The prosecution case, shorn of details, is that on 20-7-2004 at about 11.30 a.m. the petitioner No. 1, who is a sitting M. L. A. and the President of the Tripura Pradesh Congress Committee, the petitioner No.2, who is a Congress leader, the petitioner No. 3, who is the elected member of the Parishad and the remaining petitioners, who are security guards of the petitioner No. 1 came to Babur Bazar and entered into an altercation with the informant and others over the alleged prevention by the latter of Congress voters from casting their votes. The report alleges that the petitioner No. 1 caught hold of the color of the informant and tried to drag him to his vehicle wh...
Md. Mansur Ali Vs. Md. Habibur Rahman
Court: Guwahati
Decided on: Aug-09-2004
D. Biswas, J.1. Heard Mr. A. Wahed, the learned counsel for the appellant. None appeared for the respondent despite adequate opportunities given on different occasions.2. This appeal is directed against the concurrent findings of the learned Courts below. The respondent Md. Habibur Rahman as plaintiff filed Money Suit No. 6/94 in the Court of the Munsiff No. 2 at Mangaldoi for recovery of Rs. 2,750 on the basis of a pro-note executed by the defendant on 21.5.1992. The learned Munsiff decreed the suit in favour of the plaintiff. The judgment and decree passed by the learned Munsiff has been confirmed by the learned first appellate Court. This appeal has been preferred against the said judgments for hearing on the following substantial questions of law :-(A) Whether the unstamped pro-note admitted in evidence without objection can be acted upon by the Courts below?(B) Whether the judgments of the learned Courts below are perverse in view of misinterpretation of the scope of Section, 35 ...
Mohammed Ali Sk and ors. Vs. Kalima Bewa and ors.
Court: Guwahati
Decided on: Aug-09-2004
D. Biswas, J.1. Heard Mr. K.A. Mazumdar, learned counsel for the appellants and also Ms. B. Devi, learned counsel for the respondents.The respondents herein as plaintiffs instituted Title Suit No. 34 of 1982 in the Court of Munsiff No. 1, Dhubri for declaration of title, confirmation of possession, permanent injunction and for direction for correction of revenue records to delete the names of the defendant-appellants from the Khatians issued in their favour in respect of the disputed land. The plaintiff-respondents' case is that their father Kitab Sarkar and one Amiruddin Sk, were tenants under the Jamindar, namely, Nripendra Narayan Choudhury. Their names were recorded in respect of 107 Bighas, 2 Kathas and 15 Dhurs. The plaintiffs inherited the lands from their father Kitab Sarkar @ Kitab Sk. The co-sharer Amiruddin was not interested in the land and, as such, the entire land in question was under occupation of the plaintiffs. During survey operation, the land was under water and th...
Pramod Kumar and anr. Vs. Naresh Auto Finance Co.
Court: Guwahati
Decided on: Aug-09-2004
I.A. Ansari, J.1. The complainant-Opposite party instituted Complaint Case No. 4224/2003, the case of the complainant-opposite party herein being, briefly stated, thus: The petitioner Nos. 1 and 2, in the present revision, as hired and guarantor respectively, approached the complainant, who are in the business of financing the motor vehicles, to finance purchase of a Truck on the basis of hire-purchase agreement. Being induced by the representations, made by the two accused, the complainant advanced the finance and according by, a truck, as sought for by the two accused, was purchased and the same was registered as AS-01-C-0734. The finance was made available to the accused-petitioners on the basis of a hire-purchase agreement, which was entered into by the complainant, relying on the assurances and undertakings given to the complainant by the two accused. In the certificate of registration, the name of the complainant stands registered as the financer. The loan advanced by the compla...
Abedur Rahman and ors. Vs. HasibuddIn Barbhuiya
Court: Guwahati
Decided on: Aug-04-2004
I.A. Ansari, J.1. Heard Mr. GC Phukan, learned counsel for the accused - petitioner, and Mr. FH Laskar, learned Addl. Public Prosecutor, appearing for the State respondent. None has appeared on behalf! of the complainment-opposite party.2. The complainant-opposite party instituted Corporation No. 2139/ 2000, in the Court of SDJM, Cachar, Silchar, his case being, in brief, thus: The complainant's father, late Mahibur Rahman, was a Class II contractor under the office of the Executive Engineer, PWD (Roads) Construction Division, Karimganj, and he was allotted certain works as mentioned in the complaint. On 15.12.1998, the father of the complainant died and son after his death, the complainant, his brothers and sister lodged a claim before the Executive Engineer concerned payment of the unpaid dues of late Mahibur Rahman in respect of the said contract work, but no payment was made and in the meanwhile, before the claim was lodged, the accused Nos. 1 and 2, namely, Minora Begum Laskar an...
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