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1999 Supreme(Gau) 10

J.N.SARMA
State of Assam and others – Appellant
Versus
Md. Nizamuddin Ahmed – Respondent


Advocates Appeared:
H. N. Sarma, Govt. Advocate Assam, D. C. Mahanta and T. J. Mahanta

Judgement

This appeal has been filed against the judgment and decree dated 16-3-1994 passed by the learned Assistant District Judge, Dhubri in Money suit No. 10 of 1987.

2. A suit was filed for realisation of compensation damage for alleged illegal seizure of seeds and loss of business the claim was for an amount of Rs. 80,000/- with interest @ 18% till realisation with cost and other reliefs.

3. The plaintiff being a seed merchant used to store and sell seeds of different agricultural products such as jute, vegetables, oil seeds etc. The plaintiff also is a member of Indian Farmers Association. The name and style of the business of the plaintiffs was Hindusthan Seeds Company at Bilasipara under Dhubri District.

4. On last 22-4-87 at 3 p.m. the defendant No. 6, O/c, Bilasipara Police Station by seizure list had taken possession of certain seeds from the shop of the plaintiff and seized some other seeds from the house of the plaintiff. The value of the goods so seized was claimed by the plaintiff to be Rs. 70,000/-. The Bilasipara police station had no storage facility to keep the seeds and ultimately the seeds were damaged because of the negligence, carelessness and vindictive behavio






















































































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