Court : Guwahati
s. haque, j. 1. these 3 second appeals have arisen out of the common judgment and decree dt. 29-6-1978 passed by the assistant district judge, jorhat in 3 title appeals nos. 28/1976, 29/1976 and 7/1977 dismissing the appeals and affirming the judgments and decrees passed by the munsiff, sibsagar in title suits nos. 28, 29 and 30 of 1974 dismissing the suits. 2. the respondent as plaintiff instituted 3 money suits nos. 45, 46 and 50 of 1969 in the court of munsiff, sibsagar against the union of india (railway -- north east frointer railway and eastern railways) for recovery of compensation on account of loss sustained due to short delivery/damage of the 3 consignments. the appellant m/s. j thomas and co. (p) ltd. was made a pro forma defendant in all the three money suits. the allegation in all the three money suits was that the loss was due to gross negligence and misconduct of the servants, agents and employees of the railway administration concerned and the relief was claimed specifically against the main defendant union of india in all the three suits. it was stated in para 8 of the plaint in all the three money suits that the pro forma defendant m/s. s. j. thomas and co. had been impleaded in the suits with a view that the suits be decided in their presence; and that no relief was sought against them; and that in case the said pro forma defendant would contest the suit they should be treated as main defendant and the decree may be passed against them also. the pro forma .....
Tag this Judgment!Court : Guwahati
lodge, c.j.1. this rule was issued under the pro-visions of 8. 491, criminal p. 0. at the instance of a number of persons detained in the district jail at jorhat. the material facts are these:2. the petitioners were arrested on 22nd may 1948 and placed in custody. on 6th june 1948, the deputy commissioner, under the provisions of 8. 2 (2). maintenance of public order act, 1947, directed that they be detained for a period of two months. on july 20th, the government of assam passed an order directing that the period of detention be extended. towards the end of july, this court delivered judgment in the case of chyne v. the government of assam, and held that the government had no power to extend the period of detention in such a manner. there, after on 9th august 1948 the present petitioners moved this court contending that their further detention under the orders of government, dated 20th july 1948, was illegal. a rule was accordingly issued on the chief secretary to the government of assam and on the superintendent of jorhat jail to show cause why the petitioners should not be set at liberty.3. on 14th august 1948, a letter was address-ed to the deputy commissioner of sibsagar by the chief secretary to the government of assam, directing that in view of the high court ruling, the petitioners be released from custody. but with the same letter, fresh orders by the governor of assam under section 2 (l) (a), assam maintenance of public order act, 1917, were forwarded to the deputy .....
Tag this Judgment!Court : Guwahati
k.n. saikia, j.1. this is an application under articles 226/227 of the constitution of india against an order dated 23-12-76 passed in l. a. (misc.) case no. 16 of 1976 rejecting the petitioner's application under section 33 of the land acquisition act and directing the awarded amount to be deposited in the state bank of india, shillong branch in the name of the collector under fixed deposit scheme and holding that the court had no jurisdiction, whatsoever, to decide the right, title and interest of the parties under the proceedings. it involves two questions, namely (1) whether a reference court has jurisdiction to decide the question, of title and interest of the parties when a post award civil suit on the same subject-matter is pending in a civil court? (2) whether an application under articles 226/227 is maintainable?2. a plot of land measuring 93 acres, more or less, situate at spread eagle falls, shillong was acquired under the land acquisition act 1894 and an award was given by the collector on 8-2-74. the petitioner and the respondent no. 4 were shown as persons interested in the land, but the entire balance amount of rs. 23,71,097.60 p. was shown as payable to the petitioner sri a. section khongphai, and nothing payable to respondent no. 4. the petitioner earlier handed over possession of the land to the defence department and received an interim payment of rs. 5 lakhs from the collector on 14-2-70 pending finalisation of the award. the respondent no. 4 claiming .....
Tag this Judgment!Court : Guwahati
1. the legitimacy of the award dated 1.2.1994 passed by the presiding officer, labour court, dibrugarh in misc case no. 6/90 providing monetary benefit to the workmen on an application under section 33c(2) of the industrial disputes act. 1947 is the subject matter for adjudication in this writ petition that has arisen in the following circumstances. 2.the respondent no. 2 alongwith 164 workmen presented application under section 33c(2) of the industrial disputes act claiming the following amount and or monetary benefit as capable or computed in terms of money. 1. enhanced wages @ rs. 2.20 paise per day for the period 1.11.1989 to 31.3.1990 for 130 days in respect of 165 petitioners (rs. 165 x 30 x 1.20) = 47,190.00. 2. wages for paid holidays as on 26th january, 1st may and 15th august @ rs. 15.30 paise per day (rs. 165 x 3 x 15.30) = 7,573.50 3. cash compensation for ration for the period 1.8.1989 to 30.6.1990 @ 600 gms per day valued @ rs. 2.40 paise for 131 days (rs. 165 x 131 x 2. 40) = 51,876.00 total rs. 1,06,639.50 3. the petitioner as opposite party contested the claim in writing wherein it was alleged that most of the petitioners were in dark about filing of the aforesaid petition. the opposite party petitioner also disputed about the claim of the aforesaid persons. it also contended that during the peak season of july, august, september and october in the year 1989 the applicants mentioned therein were employed purely on casual basis and that they worked as such .....
Tag this Judgment!Court : Guwahati
j.n. datta, j.c.1. this is a revision petition under section 439 of the cr. p. code, filed by smt, ban-chamani saha, an illiterate widow, aged 50 or more of village routkhola, within the jurisdiction of bishalgarh police station, who was convicted under section 420, i. p. c., and sentenced to undergo r. i. tor a term of two months, and to pay a fine of rs. 100/- or in default to suffer further r. i. for one month. her appeal to the sessions court also failed.2. the case was started on a complaint filed by kshir babu sinha of village kalkalai which is about 3 miles away from the village of the petitioner. in 1954, the complainant sold to the petitioner 2 kanis out of his four kanis of land in a jote, for rs. 500/-, by a sale deed and there was an agreement, which was also reduced to writing, on the same day, that if within 5 years, the complainant repaid the amount of price, then the petitioner would reconvey the land to the complainant.possession was given to the petitioner, and it appears, that during the first year, she got the land cultivated through others. thereafter in the subsequent two years, the complainant cultivated the land on borga from the petitioner, and as the prosecution evidence itself goes to show, there was some dispute between the parties over the payment of the share of crops for the borga, to the petitioner. her contention has been that the complainant did not pay her on that account, as alleged by him.3. it further appears that, the complainant agreed .....
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t.c. das, j. 1. this appeal has been preferred by the convict b. v. danny mao. he stood trial of the charge under section 302, i.p.c. in the court of the learned additional district magistrate, kohima, nagaland. at the close of the trial and on scanning the evidence on record the learned trial court found the appellant guilty under section 304, i.p.c. for causing the death of nzanbemo lotha and convicted him under the aforesaid provisions of law and sentenced him to undergo rigorous imprisonment for 5 years. the learned trial court found sufficient evidence to prove that nzanbemo died from the knife stabbing injuries caused in a scuffle between danny mao and nzanbemo. against the aforesaid conviction and sentence this appeal has been preferred by the appellant danny mao.2. i have heard mr. charugopal singh, learned counsel for the appellant and mr. d.k. mishra, learned public prosecutor for the state of nagaland at length. before taking up for consideration the rival contentions of the learned counsel of the parties it would be appropriate to take up the prosecution case.3. the prosecution case in brief is that nzanbemo (deceased) purchased one umbrella on 19-7-79 from appellant danny mao at rs. 75/-, but as it was found defective he met the appellant in the office on 21-7-79 and requested him to change the umbrella or to return rs. 50/-. the appellant told him to go to his residence. on the same day i.e. on 21-7-79 at about 3.30 p.m. nzanbemo went to the house of the .....
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j.n. sarma, j.1. this is the second round of litigation. this litigation is continuing for a period of more than 31 years. it started in the year 1966 and today we are in the fag end of 1997. the decree obtained in the year 1972 has been stalled by resorting to this second round of litigation. earlier two suits were filed being ts 44 and 45 of 1966 and that was filed by ghinaram and jomaram -- defendants in the present suit and that was filed against the following persons : (i) bhogram, (ii) ratneswar, (iii) gopal, (iv)joyram, (v) bipin, (vi) hemchandra, (vii)kinaram. 2. these defendants are the sons and grandsons of one dehiram. those two suit being 44 and 45 of 1966 was filed by ghinaram and jamaram on the ground that originally the land belonged to muhiram and muhiram had no issue and as such ghinaram and jamaram being the brothers of muhiram inherited that land and they were in occupation of that land and these defendants dispossessed them from the land and as such, the suits were filed for declaration of right, title and for recovery of khas possession. both the suits were dismissed by the learned munsiff. there were two title appeals and appeals were allowed and the suits were decreed. thereafter, second appeals nos. 157/69 and 159/69 were preferred by the defendants. the decree of the appellate court was affirmed. the defence taken up by the defendants in the suits was that dehiram purchased the land from muhiram and as such he became the owner of the land and the .....
Tag this Judgment!Court : Guwahati
..... it is further clear that he did not report about the occurrence to any person including the police or any relation of the deceased though he knew of the man's death within about two days of the death taking place.it ought to have been placed before the jury that if the case of asrab all seeing the accused is not believed, there was no direct evidence to ..... as a matter of fact, there is no other eye-witness except asrab ah who speaks about the stabbing and apart from his being a man who was in the police custody for more than a month and a suspect in a dacoity case, his version was materially contradicted by what is recorded as a dying declaration of the deceased.it appears from the statement recorded by the ..... on hearing a cry of 'catch thief' he came out ,of the shop and saw a man running from the northern side towards the south being followed by about fifteen or twenty boys. ..... he heard about the stabbing the same evening but never talked to anybody about seeing this man with something shining in his hand who had narrowly escaped an accident. ..... he was subsequently attended by another eminent surgeon and operated on but the man expired in the hospital on 28th of august within about forty-eight hours or the injury being received.an information was lodged by one haripada kumar, an outsider at the nowgong town police station at 9 p.m. .....
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hansabia, j.1. civil law is a lawyer's paradise. in its labyrinth just cases are also sometimes lost. here is a simple case as to whether the defendant had borrowed a sum of rs. 6,000 from the plaintiff or not; and whether the latter can realise the same from the former through the assistance of the court? but legal coverings have not allowed the kernel to be seen so easily. the law points urged before us are (1) whether the suit was hit by section 10(1) of the bombay money-lenders act, 1946, hereinafter the 'act', which was extended to this union territory by notification dated 4-8-61?; (2) whether any order passed or concession made in the case operated as res judicata or estopped by conduct? and (3) whether section 68 of the evidence act is attracted or not? and if so, whether requirement of section 69 was complied or not?2. before adverting to these questions, the relevant facts of the case may be noted. according to plaintiff (whose legal representatives are the respondents), the predecessor-in-interest of the appellants, one kulabidhu singh, had borrowed on 31-3-63 a sum of rs. 6,000. in token of this borrowing, a document was also executed on that day being ext. a/1. but as the defendant failed to repay the loan in spite of repeated demands, the suit in question was filed against kulabidhu for realisation of the principal amount of rs. 6,000 along with the interest of rs. 3,500 calculated at the stipulated rate of 3 per cent per month. the defendant denied taking of .....
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..... the age of apiop peyang is not available on record and the dead man is not proved to be 'an old man', only one dead body was found near the ssb fencing. ..... cook, that a dead body was lying near the ssb camp perimeter, he intending to check up whether the dead body was of the man fired at by the appellant, went to the dead body and recognised it to be that of apiop peyang.p.w. ..... and 7 prove that the bullet fired by the appellant hit 'an old man of simong' village who immediately collapsed. ..... on he came to know that the aforesaid old man of simong village was apiop peyang. p.w. ..... identified accused pura tajo as the man who had shot and killed his brother ..... a question put by the court replies that at the time of firing there was only one man who wore a red vest. ..... proceeded towards the crp lines along the verandah of the living barrack and fired a bullet that hit 'an old man of simong' who fell down. ..... stated that one jawan armed his rifle towards a few people fleeing towards the crp approach road, and fired one round that hit one man who collapsed at the spot. ..... 6 to be that of the 'old man of simong' village who was hit by bullet fired by the appellant, and whose name the witness came to know later to be apiop peyang:(vi) the said dead body was identified and claimed to be that of apiop ..... says that when he saw the jawan firing at the old man of simong village, he (p.w. ..... 'an old man of simong village' who fell down immediately, but he came to know the name of injured person to be apiop peyang .....
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