Guwahati Court March 1987 Judgments
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Babban Tiwari and anr. Vs. Usha Ranjan Chakraborty and ors.
Court: Guwahati
Decided on: Mar-24-1987
S.N. Phukan, J.1. By this judgment and order I propose to dispose of these two appeals filed Under Section 110-D of the Motor Vehicles Act 1939, for short 'the Act'.2. Civil Misc. First Appeal No. 27 of 1985 is directed against the order dated 18-3-1985 passed by the learned Motor Accidents Claims Tribunal in case number Civil Misc. (M. Ace) 7 of 1983. An accident took place on the night of 14th/15th April, 1983, at Patichari, Udaipur, while the driver of the vehicle bearing registration No. TRL 2191 died. The legal representatives of the deceased driver filed an application Under Section 92-A claiming compensation of Rs 15,000/-. Notices were issued both on the owner of the vehicle, i.e., the appellant and the insurance company. Though it was urged that the insurance company is liable to pay the compensation Under Section 92-A of the Act, the learned Tribunal rejected the plea and made the owner of the vehicle liable to pay the compensation of Rs. 15,000/-. Hence this appeal.3. In M....
Joy Kanta Hira Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-23-1987
Saikia, Actg. C.J. 1. The petitioner impugns the appellate order of the State Government dated 12-12-86 rejecting his appeal and cancelling the settlement of Nagrijuli Bazar in his favour. 2. The petitioner is member of the Hira Community and thus belongs to the Scheduled Caste Community of Assam. Pursuant to a tender notice for settlement of the Nagrijuli Bazar for the year 1986-87 the petitioner, the Respondent No. 3 and five others submitted tenders and the Administrator of the Nalbari Mahkuma Parishad settled the Bazar with the Respondent No. 3 at his bid of Rs. 2,49,331,00. Against that settlement Shri Birendra Barman and the petitioner appealed to State Government. The appeal of Shri Birendra Barman was heard on 25-7-86. The appeal was rejected and the settlement with Respondent No. 3 was upheld. Meanwhile, on 30-7-86 the petitioner filed his appeal and 11-8-86 was fixed for its hearing but the Respondent No. 3 was not present. It is stated that a judgment was passed on 18-8-86 ...
Bijay Kumar Dalmia Vs. Sanwarmal Jalal
Court: Guwahati
Decided on: Mar-17-1987
Manisana, J.1. This revision petition arises from the order dt. 10-11-1986 passed by the learned Sub-Divisional Magistrate . (E) Tinsukia under Section 144 Cr.P.C. in Case No. 507 of 1986.2. Facts : Landlord Sanwarmal Jalan, the opposite party herein, filed an application dt. 7-11-86 for drawing up a proceeding under Section 144, Cr.P.C. The case of Sanwarmal is that he was the absolute owner of the disputed house. The house was let out on monthly rent to one Meghraj Dalmia who died in the year 1978, The tenant Meghraj Dalmia was a defaulter. Sometime before his death, Meghraj Dalmia abandoned the disputed house. Since then it was lying unattended and uncared for. Meghraj or his heirs did not also formally hand over the disputed house to Sanwarmal. They did not pay rent but their lock was still there fastening with the bolt of the door of the disputed house. Due to such act, the house was getting damaged and was in a dilapidated condition. It was apprehended that the fall of the hous...
Shyam Sunder Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-11-1987
Srivastava, J.1. This is a revision against the order dated 18-2-81 passed by the learned Additional Chief Judicial Magistrate, Gauhati, dismissing the G.R. Case No. 1600 of 1974, as barred by limitation under Section 468 of the Code of Criminal Procedure, hereinafter referred as the 'Code'.2. The petitioner had lodged an 'ejahar', at Gauhati Sadar Police Station, about an occurrence on 28-5-74 involving commission of cognizable offences. The case was registered. The police, after investigation, submitted charge sheet, under Section 448/427/336/323/34IPC on 8-12-78, against the respondents. On 2-1-79, the learned Magistrate issued process. Accused (respondents) appeared. On 18-2-81 by the impugned order the learned Magistrate took the view, that the case was barred by limitation and accordingly dismissed the same.3. The complainant has come up in revision, and Sri B.K. Goswami, learned Counsel appearing on his behalf, has submitted that, firstly the petitioner had lodged the ejahar on...
Prafulla Bora and ors. Vs. State of Assam
Court: Guwahati
Decided on: Mar-03-1987
Manisana, J.1. This appeal arises from the judgment and order dt. 6-3-1979 passed by the learned Sessions Judge Nowgong in Sessions Case No. 61 (N) of 1977 convicting the appellants under Section 302 r/w Section 34, IPC and sentencing each of them to undergo R.I. for life.2. The case of the prosecution is that the accused Kotia Bora is the brother of the deceased Loyram Bora. The accused Prafulla Bora, Bipul Bora alias Baba and Promode Bora alias Bup are sons of the accused Kotia. Accused Sibaram Bora is son of the maternal uncle of Prafulla. PW5 Senahi Bora is the mother of the accused Kotia and the deceased Loyram. PW 6 Krishna Bora is son of deceased Loyram. PW7 Renumai is daughter of the deceased. At the time of occurrence, the homestead land of the accused was situated contiguously to that of the deceased. On 12-5-1976 at about 8.30 p.m., Loyram heard Kotia's wife abusing him when he was returning his home after attending a meeting. Loyram enquired of his son Krishna (PW 6) and d...
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