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Guwahati Court March 2012 Judgments

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Mar 14 2012

Bapuram Bora and Others Vs. Anil Bora and Others

Court: Guwahati

Decided on: Mar-14-2012

1. This appeal by the defendants, is directed against the judgment and decree dated 23.03.2001 passed by the learned Civil Judge (Sr. Division), Morigaon in Title Appeal No.1/2000, dismissing the appeal preferred by them by upholding the judgment and decree dated 13.12.1999 (decree drawn on 20.12.1999) passed in Title Suit No.29/1994 by the learned Civil Judge (Jr. Division) (now Munsiff), Morigaon, whereby and whereunder the suit of the plaintiffs/ respondents is decreed. 2. The respondent Nos.1 to 5 as plaintiffs instituted the suit for declaration of right, title and interest over the land measuring 3 kathas 5 lechas in Dag No.1111 of periodic patta No.461 of village Barangabari under Mouza-Dandua in the district of Morigaon, more fully described in Schedule-A to the plaint; for confirmation of possession in respect of 1 katha of land, more fully described in Schedule-B to the plaint, which is part of the Schedule-A land and for recovery of khas possession in respect of 1 katha 13 l...


Mar 14 2012

Piyush Chamaria Vs. Hemanta Jitani and Others

Court: Guwahati

Decided on: Mar-14-2012

JUDGMENT and ORDER {oral} 1. By order, dated 09-04-2008, passed in the Complaint Case No. 175C/2008, learned Additional Chief Judicial Magistrate, Tinsukia, while directing issuance of summons against the three opposite parties herein, who were arraigned, in the complaint, as accused Nos. 1, 2 and 3 respectively, further directed a search warrant to be issued, in terms of the provisions of Section 97 Cr.P.C., for recovery of the complainant-petitioners daughter, Shravya Chamaria, from the custody of the accused-opposite party No.3, namely, Sri Deokinandan Bajaj, and directed the Officer-in-Charge of the Police Station concerned to execute the search warrant. However, as the search warrant was not executed on the ground that the child, in question, was within the territorial jurisdiction of the district of Nagaon, the learned Magistrate passed another order, on 18-04-2008, directing the search warrant to be issued to the Superintendent of Police, Nagaon, for execution. 2. Aggrieved by t...


Mar 01 2012

Richungnunga and Others Vs. Union of India and Others

Court: Guwahati

Decided on: Mar-01-2012

1. 102 Nos. of petitioners approached this court under Article 226 of the Constitution of India praying for issue of writ as they suffered loss at a tune of Rs.31,34,658.00(Rupees thirty one lakhs thirty four thousand six hundred fifty eight) only due to the damage caused to the trees, crops and houses due to the construction of a motorable road by BRTF/respondent No.5. 2. The learned counsel appeared for and on behalf of the petitioners submitted that, after the damage caused to the property of the petitioners, a joint survey was conducted by the Deputy Commissioner and BRTF together and assessed the damage at the tune of Rs.31,34,658.00 and which is at Annexure-6. In spite of the assessment done by the Deputy Commissioner in the month of March, 2000 till date, the compensation for damage has not been paid to the petitioners, so, they compelled to approach this court by way of writ under Article 226 of the Constitution of India. On the other hand, learned Addl. Advocate General appear...


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