Guwahati Court October 2015 Judgments
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Rina Ghose Vs. Chandan Paul and Others
Court: Guwahati
Decided on: Oct-01-2015
Oral Order: 1. The second appeal by the defendant No.1 is preferred against the judgment and decree dated 28.03.2007 passed by the learned Civil Judge, Karimganj in Title Appeal No.29/2005 reversing the judgment and decree dated 21.03.2004 passed by the learned Civil Judge (Jr. Divn.) No.1, Karimganj in Title Suit No.212/2000, whereby the title suit filed by the two plaintiffs was dismissed. 2. The second appeal was admitted to be heard by an order dated 09.05.2007 on the following substantial question of law: (1) Whether on the admitted failure of the plaintiffs to give notice as per Order 1, Rule 8(2) of the CPC, the learned Appellate Court could have reversed the findings of the Trial court and held the suit to be maintainable ? (2) Whether a title suit of the instant nature could be maintained in law in view of specific bar and exclusion of the jurisdiction of the Civil Courts as stipulated under Section 76 of the Assam Excise Act, 1910 ? 3. After some hearing had progressed to-da...
Khantu Ram Rabha and Others Vs. Dispur Barowary Puja Committee and Jyo ...
Court: Guwahati
Decided on: Oct-01-2015
Judgment and Order (CAV) 1. The instant Second Appeal has been filed by the appellants/defendants assailing the judgment and decree dated 07.03.2014 passed by the Civil Judge No.3, Kamrup (M), Guwahati in Title Appeal No.6/2012 reversing the judgment dated 20.12.2011 and decree dated 04.01.2012 passed by the Munsiff No.3, Kamrup at Guwahati in Title Suit No.278 of 2003. 2. The plaintiff is a society registered under the Societies Registration Act, 1860 and is governed by a set of bye laws framed under the law. The plaintiff has instituted the suit represented by its General Secretary Sri Dharani Talukdar. The plaintiff s case, in brief, is that a general meeting of the plaintiff society was held on 06.07.1997 wherein altogether 19 members were elected in the Executive Committee including Sri Bipul Deori as the President and Sri Dharani Talukdar as the General Secretary for a three year term. The next general meeting of the plaintiff was held on 20.08.2000 wherein a resolution was adopt...
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