Court : Guwahati
Ram Labhaya, Ag. C.J. 1. This is a first appeal from the judgment and decree of the Second Additional District Judge, U.A.D., at Jorhat, by which plaintiffs' claim was decreed to the extent of Rs. 77,000/- with proportionate costs against the Union of India. The suit was dismissed against the State of Assam. The Union of India has appealed. The suit was instituted originally against the Governor-General in Council, the Secretary of State and the Province of Assam. During its pendency in the trial Court, the Union of India was substituted for the first two defendants and the Province of Assam was described as the State of Assam. 2. The suit was for recovery of a sum of Rs. 80,200/-. This sum was claimed for trespass on and damage done to Nawpookhri Fishery of which the plaintiffs were the lessees. Plaintiffs 1 to 3 are the sons of the late C.K. Bezbaruah, plaintiff 4 (minor) is his grandson, and plff. 5 is the widow of late S.N. Bezbarua. All the plffs. claim to be the joint owners o...
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Sarjoo Prosad, C.J.1. These two appeals arise out of the same action for recovery of damages for false imprisonment. First Appeal No. 14 of 1954 has been presented by Anowar Hussain, the defendant No. 3 in the action, while the other appeal, First Appeal No. 18 of 1954 is by the plaintiff, Ajoy Kumar Mukherjee. 2. On the night of 17th March, 1950, at about 10-30 p. m., the plaintiff Ajoy Kumar was arrested at his house at Barpeta by the Circle Inspector of Police, Bhupati Ranjan Chakravarty (defendant No. 4). The arrest was made on the authority of a chit (Ext. A) prepared and signed by Anowar Hussain, the then Sub-divisional Magistrate of Barpeta, and handed over by the former earlier at his bungalow at about 10 p. m., to the Circle Inspector for execution. After his arrest, the plaintiff was taken in custody to the thana lock-up, where he was confined for the night. On the following morning he was produced before the Sub-divisional Magistrate who remanded him to custody. An attempt...
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G. Mehrotra, J.1. The petitioner Indreswar Handique was appointed as a Cipher Operator in 1944 in the then Bengal Assam Railway, and thereafter he was appointed a Travelling Ticket Examiner in 1949. On 4-6-1957 he was serving as a Travelling Ticket Examiner, Special Flying Squad, Pandu Region. At the Hojai station that day when on duty he saw one Sri S. Sen Gupta, Assistant Electrical Engineer, Dibrugarh town travelling in a First Class compartment with his wife by train No. 521 UP beyond his jurisdiction namely, from Dibrugarh town to Lumding. He had with him a Metal Pass No. 206.According to the petitioner Sri Sen Gupta was not entitled to travel beyond his territorial jurisdiction with a Metal pass with his family and consequently the petitioner demanded from him penalty and the fair for his wife. Sri Sen Gupta did not agree to his interpretation and said that the matter would be clarified, when he reached Lumding, on being referred to the District Traffic Superintendent.The Distri...
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T.N.R. Tirumaupad, J.C.1. This is an application for the issue of a certificate under Article 134(l)(c) of the Constitution.2. The petitioner Amal Roy Choudhary who was an. Inspector of the Procurement Directorate of the Tripura Government was prosecuted along with two others, Abdul Rahaman who was a purchasing agent of food grains at Baksanagar for the Government and Gopal Chakravorty who was also an Inspector like the petitioner. Abdul Rahaman was charged Under Section 420 IPC that he on 16th March, 1954 cheated the Government of Tripura by dishonestly inducing it to deliver Rs. 87,900/- through the Sonamura Sub-Treasury.The petitioner was charged with abetment that he abetted Abdul Rahaman in the commission of the offence of cheating by giving two false certificates dated 28-2-1954 and 2-3-1954 which were marked as Exts. P-7 and P-8 at the trial and thereby made it possible for the said Abdul Rahaman to commit the said offence. Gopal Chakravorty was 'also charged with abetment. But...
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T.N.R. Tirumalpad, J.C.1. This is an appeal filed by the six appellants against their convictions under Suctions 147, 333 read with Section 149, 323 read with Section 149, and 440 read with Section 149 . P. C. and against the sentences of one year's R, I, Under Section 147, 4 years' R. J. Under Section 333 read with Section 149, one year's R. I. Under Section 323 read with Section 149 and two years' R- I. Under Section 440 read with Section 149 in Sessions Trial No. SO of 1960 by the Sessions Judge, Manipur- The sentences were ordered to run concurrently.It was mentioned that out of the six appellants, four persons, namely, Iboyaima Singh, Pisak Singh, Copal Singh and Jura Singh were let off by the Manipur Administration and their sentences were remitted Under Section 401 Cr, P. C-The learned advocate for the appellants stated that he had no further instructions from the said appellants to further prosecute the appeal on their behalf. Thus, the appeal was pressed only by ap- pellants ...
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NAYUDU J.- These civil rules have been heard together as they involve a common question of constitutional law, namely, whether section 37(2) of the Indian Income-tax Act è(Act XI of 1922), infringes the fundamental rights guaranteed by the Constitution of India in articles 14 and 19(r)(f) and (g) thereof.Before this question is taken up for consideration, it would be useful and necessary that the facts alleged in the petitions are briefly set out.In Civil Rule 195 of 1962, the petitioner is one Senairam Doongarmall Agency (Private) Ltd., a company incorporated under the Companies Act and having its registered office at Tinsukia, in the Lakhimpur district, of the State of Assam. Shri K.E.Johnson, the Commissioner of Income-tax, Assam, Tripura and Manipur, is impleaded as the first respondent, apparently in his personal capacity. The second respondent is the Commissioner of Income-tax, Assam, Tripura and Manipur, having his office at Shillong, the headquarters of the State of Ass...
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M. Sharma, J.1. This petition has been filed by the petitioner Dr. A.K. Dey, who is the Minister-in-charge of Food and Civil Supplies, Govt. of Assam against the order dated 1 -2-93 in CR Case No. 59C/93 taking cognizance of the case and issuing warrant of arrest and also for quashing the entire proceeding in the abovementioned case pending before the Judicial Magistrate, Ist Class, Hojai.2. The abovementioned case was registered on the basis of a complaint lodged by one Famrul Islam, opposite party No. 2 alleging killing of one Abdul Haque by the petitioner with a small gun, taking out from his pocket, in presence of his security guards and escort parties.3. As transpired from the complaint the occurrence took place on 9-12-92 but the complaint was lodged before the Judicial Magistrate on 1 -2-93. The reason for delay in filing the complaint was stated that on 12-12-92 the complainant filed FIR with the police, but the same was not accepted asking him to file it after the 'normalcy' ...
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J.N. Sarma, J.1. This application under Article 226 of the Constitution of India has been filed praying for the following relief:(i) to quash the impugned order dated 8.2.1991 (Annexure 'G') to the writ application and for a further direction not to give effect to the aforesaid impugned order.(ii) for a direction to pay ex gratia grant of Rs. 1,00,000/- to the petitioner.Annexure 'G' to the writ application as quoted below:Reference to the above subject, I am directed to say that late Gopendra Kalita, L.D.A. in your establishment died in an accident caused by bomb blast planted by extremists while coming to the office. It is seen that he was not killed directly by extremists and there is no document to prove that he was the aim of the extremists. The claim of Jay Ram Das, father of late Gopendra Kalita, for ex gratia grant, therefore, does not come within the purview of Finance Deptt's O.M. dated 14.6.1985 and 9.8.1989. In view of this Government regrets its inability to agree to the...
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P.K. Sarkar, J. 1. In all these writ petitions common question of facts and law are involved and as such these writ petitions are disposed of by this common judgment. 2. The petitioners in Civil Rule No. 44 of 1996, 45 of 1996 and 46 of 1996 have filed these writ petitions under Article 226 of the Constitution of India challenging the order of termination. It is stated in the petition that a DPC was constituted for appointment of 6 (six) Supervisors (ICDS) under Social Welfare Department of the Govt. of Manipur under direct recruitment quota on regular basis. Accordingly, a DPC was constituted for selection of 6 (six) candidates and the DPC recommended six candidates for appointment to the post of Supervisors (ICDS) and also prepared a panel of 27 candidates for appointment in the post of Supervisors which are likely to become vacant and kept the panel in a sealed cover. As per recommendation of the DPC 6 (six) persons have been appointed by Government. Subsequently, 3 (three) more c...
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D.N. Baruah, J.1. In this Civil Rule the petitioner has challenged the Annexure-27 order dated November 19, 1988 issued by the Secretary to the Government of Assam, Forest Department removing the petitioner from service with effect from the date of the order and also Annexure-29 order dated May 16, 1989 issued by the Secretary to the Government of Assam, Forest Departmentintimating the petitioner that the appeal preferred by him had been dismissed.2. Briefly the facts are:The petitioner was confirmed Forest Ranger under the Forest Department of Assam. He was confirmed in his post with effect from April 1,1953. In the year 1968 he was released from the Forest Department allowing him to join Soil Conservation Department as Assistant Soil Conservation Officer. Accordingly, the petitioner joined in the new department on deputation. While serving in the said department in the month of March 1972 he was promoted in his parent department, namely, Forest Department, to the Class-I post of Ass...
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