Court : Guwahati
Saikia, J. 1. The writ petitioner as the General Secretary, Deshi Tripura (Laskart Upajati Kalyan Samity, Agartala impugns the cabinet decision of the Government of Tripura, dt. 11-8-1975 to the effect that the Deshi Tripura (Laskar community), a community described as Laskar Kshatria and Deshi Tripura was not covered by the terms mentioned in the Presidential Scheduled Tribes Orders of 1951, 1956 and 1976 for Tripura; and the instructions issued by the Government of Tripura dt. 27-9-1978 not to issue Scheduled Tribe Certificates to the members of that community. The only question to be decided is whether the Deshi Tripura (Laskar) community is included within the Tripura, Tripuri, Tippera tribal community of Tripura.2. The petitioner belongs to the Deshi Tripura (Laskar) community, commonly known and hereinafter referred to, as 'Laskar' community. Mr. N. M. Lahiri, the learned Advocate General, Meghalaya for the petitioner submits that the 'Laskar' community is part and parcel of the...
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B.L. Hansaria, J. 1. A plot of land measuring 2 (two) bighas covered by dag No. 331 of Patta No. 55 of Barunguri Kisamat, Mouza-Jiria, in the district of Nowgong is the subject matter of the present proceeding. The land, admittedly, initially belonged to the plaintiff Gunaram Kalita. Being in dire need of money,he wanted to mortgage the land to Hatem Ali, but Hatem Ali could not advance any money on mortgage; he insisted on sale, which request was complied with as Gunaram must have money to take care of his dire need. Accordingly, a registered sale deed was executed on 14-11-70 and on the same day a registered ekrarnama was gone into covenanting that Hatem would reconvey the land to Gunaram if the consideration, which was fixed at Rs. 1,200/- would be repaid within five years. The plaintiff's case is that he made repeated verbal demands on Hatem to comply with the terms of ekrarnama and issued registered notice also but to no avail. Not only this, to the dismay of the plaintiff he ca...
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B.L. Hansaria, J. 1. 4 (Four) candidates were in the fray in this election from No. 38-Wokha Assembly Constituency in the State of Nagaland. The petitioner was a candidate of Congress(I), whereas respondent No. 1 (the respondent, hereinafter) had contested as a Naga National Democratic Party (NNDP) candidate. The two others, namely, Pankathung and Khyochamo, were independent candidates. In the battle of hustings, which had taken place on 10-11-82, the respondent having secured 2693 out of 7918 valid votes was declared as elected. The nearest rival was the petitioner who had to his credit 2575 votes. The difference was thus of 118 votes.2. The election of the respondent was challenged on various grounds in this petition. There were allegations, inter alia, of (a) improper acceptance of the nomination paper of the respondent: (b) irregularity in issuing of postal ballots; (c) some irregularity in counting, and (d) canvassing against election law. The main attack is, however, on the com...
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B.L. Hansaria, J.1. Poison kills a man; opium kills a race, a civilization, are that too imperceptibly so far as the victims are concerned. It is because of this that every enlightened Government has been showing its concern with the menace of opium consumption, which, however, is kept intact by the operators of the underworld, who for the sake of their fabulous profit persist in indulging in this social crime and smuggle the commodity in such a way that only strict vigilance can save the society. The present is one such case.2. Herein two innocuous looking crates (boxes) had been taken delivery of on 22.8.72 from the office of M/s. Bharat Roadways Corporation, Jorhat when the excise staff caught Padmeswar Barua, one of the petitioners before this Court, and one Badan in front of the office. One Dimbeswar was also taken care of, so were the two crates, on opening which it was found that each had 51 packets each containing 500 grams of opium. So, the total haul was of 51 Kg. The next d...
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Dr. T.N. Singh, J. 1. Environmental compulsions of the modern age are increasingly motivating governmental activities adding an edge to State's regulatory functions. Necessarily, matching measures have to be, and are. evolved to promote public good. Rapid strides in technological and scientific advancement with the growth of commerce and industry following in its wake carry inevitably their impress on regulatory laws. Measures conferring powers on public officials enabling them to discharge public duties under such laws pose jural problem of great variety and complexity. Balancing of conflicting individual interests apart, the dominant social and/or economic purposes underlying such measures obligate Courts in a constitutionally mandated welfare State like ours to extend their forensic insight beyond the pale of fact-situation of the lis. The interpretation of Section 31 of the Motor Vehicles Act 1939 (shortly, the Act) lies at the heart of the lis in the instant case raising an impo...
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D. Pathak, C.J. 1. This matter has arisen out of a reference made by the Assistant to the Deputy Commissioner, Shillong. The reference is as hereunder:'No. KJJ/T/77/98 Dated Shillong, the Sir, In view of the judgment of Hon'ble Supreme Court in Civil Appeals Nos. 1475 and 1476 reported in AIR 1975 SC 1022, a confusion has arisen with regard to jurisdiction of Asstt to D. C. in the areas those have been ceded with the Shillong Municipal Authority for the purpose of Municipal Administration only, vide notification No. 44-1 dated New Delhi, the 16th January, 1934. In case No. M. S. 153(T)/76 learned lawyer for defendant contended that this Court got no jurisdiction as both the parties are Tribals and place Mawkhar is outside Shillong Municipality. He relied on above mentioned Hon'ble Supreme Court judgment in support of his contention. Learned lawyer for plaintiff contended that this Court get jurisdiction. He referred to Para 20 of 6th Schedule of the Constitution of India. He referred ...
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Lahiri, J.1. Whether the provisions of Section 5 of the Limitation Act, 1963, are applicable in proceedings under Section 27(3) of the W.T. Act, 1957 This absorbing and intriguing question has come up for our consideration in the proceedings which are off-shoots of Civil Rules Nos. 12(M), 36(M) and 37(M) of 1979.2. The Appellate Tribunal refused to state the cases of the assessees under Section 27(1) of the W.T. Act, 1957, for short 'the Act', on the ground that no question of law arose out of the appellate orders. Admittedly beyond 90 days from the date on which the assessees were served with the notices of refusal, they filed applications to this court under Section 27(3) of 'the Act' for requiring the Appellate Tribunal to state the cases to the High Court. In other words, the assessees have made applications under Section 27(3) of ' the Act ' beyond the prescribed period of 90 days and also have filed applications under Section 5 of the Limitation Act, 1963, for extension of the ...
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N. Ibotombi Singh, J. 1. By this application under Article 226 of Constitution, the petitioner challenges the validity of the order dated 17-9-1982, Annexure VIII, passed by Sri S.K. Agnihotri, District Magistrate, Kamrup, Gauhati. 2. By our short order dated April 23rd, 1983, we quashed the impugned order stating that reasons would follow. We now state our reasons. 3. The petitioner obtained licence from the Chief Controller of Explosives, Nagpur, being licence No. Ex.-25 (3) 164/ AS-282/ Ex in form 'L' for possession and sale of explosives under the Indian Explosives Act, 1884 (IV of 1884), read with the Explosives Rules, 1940, framed thereunder. The licence was renewed from year to year after expiry of the term each year on the 31st March. Subsequently the licence is renewable at the end of every two years. The Deputy Chief Controller of Explosives, East Circle, Calcutta, under his letter No. As-282-Ex dated 30th Jan. 1974, informed the petitioner that its licence shall be deemed...
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Lahiri, J.1. The appeal and the connected Civil Revision are directed against the judgment and order dt. 6-9-82 passed by the Assistant District Judge No. 1, Nowgong, Assam in Title Appeal No. 19 of 1978. By the impugned order the learned Judge-(I) permitted the appellants-defendants to produce 'additional evidence'; (2) remanded the suit to the Court of the first instance for recording the evidence with a direction to dispose of the suit on the basis of the additional evidence, and (3) set aside the judgment anddecree obtained by the plaintiff. In short, the learned judge allowed the defendants to produce additional evidence purporting to act under Order 41, Rule 27(aa) of the Civil P. C, 'the Code' for short. However, instead of recording the additional evidence himself learned Judge directed the Court of the first instance to take such evidence, and did not act under Order 41, Rule 28 of 'the Code, without assigning any reason whatsoever. Learned Judge has set aside the hard earned...
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T.N. Singh, J.1. This case is concerned with a small Incident of burglary but it tarries a big burden of a fundamental question. What is the ambit of powers and jurisdiction of a criminal Court to add as an ace used any person to stand trial for an offence for which he is not charge-sheeted by the police? The question is indeed fundamental in the sense that criminal Courts exist, to try offenders for the protection of society. While powers and jurisdiction of the courts are circurnsribed by the provisions of the Code the question is how those provisions which have a bearing on this fundamental duty of the courts are to be interpreted.2. On 6-2-79 an information was lodged by the proprietor of Hind Pharmacy, Jorhat, with the officer-in-charge of Jorhat P. S. in which it was stated that there was a burglary in his shop during the preceding night. On the basis of this FIR the police made investigation and submitted charge-sheet dt 10-4-79 under Sections 457/380/411 IPC in the court of Ch...
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