Guwahati Court September 1989 Judgments

Kamala Kanta Saikia and anr. Vs. Bindo Urang and ors.

Court: Guwahati

B.L. Hansaria, J.1. A motor accident took place on 21.12.1982 on the National Highway about three miles east of Dhekiajuli town. One Kuleswar Urang, aged about 8 years, got involved in the accident and expired on the next day at Tezpur Civil Hospital. A claim of Rs. 2 lakhs was advanced by the mother of the deceased. The claim petition was preferred only against the owner and driver of the vehicle as the name of the insurer was not known to the claimant. It is because of this that the opposite parties were asked to furnish the name of the insurer. The same was, however, not done and, ultimately, the case was taken up ex part. On being satisfied about the making out of prima facie case, the learned Tribunal stated that claimant was from a lower middle class family, a reduced sum of Rs. 1 lakh will meet the ends of justice and, accordingly, awarded that amount as compensation. This appeal has been preferred by the owner and driver of the vehicle who were arrayed as opposite parties befo...

Kamala Kanta Saikia and anr. Vs. Bindo Urang and ors.

Court: Guwahati

Reported in: II(1990)ACC159,1990ACJ325

B.L. Hansaria, J.1. A motor accident took place on 21.12.1982 on the National Highway about three miles east of Dhekiajuli town. One Kuleswar Urang, aged about 8 years, got involved in the accident and expired on the next day at Tezpur Civil Hospital. A claim of Rs. 2 lakhs was advanced by the mother of the deceased. The claim petition was preferred only against the owner and driver of the vehicle as the name of the insurer was not known to the claimant. It is because of this that the opposite parties were asked to furnish the name of the insurer. The same was, however, not done and, ultimately, the case was taken up ex part. On being satisfied about the making out of prima facie case, the learned Tribunal stated that claimant was from a lower middle class family, a reduced sum of Rs. 1 lakh will meet the ends of justice and, accordingly, awarded that amount as compensation. This appeal has been preferred by the owner and driver of the vehicle who were arrayed as opposite parties befor...

Om Prakash Bharuka Vs. Sakuntala Bharuka

Court: Guwahati

Manisana, J.1. This is an appeal from the judgment and decree passed by the Additional District Judge Dibrugarh in TS (D) 8 of 1988.2. The respondent Shakuntala Bharuka presented a petition under Section 13 of the Hindu Marriage Act, for short the 'Act', for a decree of divorce against the appellant Om Prakash Bharuka on the ground, inter alia, that after the solemnisation of the marriage, her husband Om Prakash Bharuka treated her with cruelty. The petitioner also has prayed for custody of their minor children and her stridhana described in the petition. A decree was passed ex parte against the husband. Hence this appeal by the husband.3. It may be stated here that at the time of the admission of the appeal, the decree of divorce has been made absolute as the appellant had no grievance against the decree of divorce, and the appeal has been confined to the observation made by the trial Court concerning the appellant, and guardianship/custody of the minor children; and that pending the...

K.M. Mathew and ors. Vs. P.K. Thungon

Court: Guwahati

S.K. Hom Chaudhuri, J. 1. The Opposite party filed a complaint petition for prosecution of the accused petitioner alleging commission of offence under Section 120B, I.P.C. read with Sections 500/501/502, I.P.C. and Sections 500/501/502, I.P.C. in the Court of the learned Judicial Magistrate, Bomdila. 2. The learned Magistrate on perusal of the complaint and initial statement and evidence of some witnesses on behalf of the complainant, registered case C.R. 26 of 1988 under Section 120B, I.P.C. read with Sections 500/501/502, I.P.C. and under Sections 500/501/502, I.P.C. and issued sommons to the accused petitioners on 2-6-88. After receipt of the summons from the Court of the learned Magistrate, the accused petitioner filed a transfer petition in the Hon'ble Supreme Court praying for transfer of the case from Bomdila to New Delhi or any other State and the petition was registered as Transfer Petition (Criminal) No. 90 of 1988 in the Hon'ble Supreme Court. The Hon'ble Supreme Court afte...

Smt. Daljeet Kaur Vs. Commissioner of Income-tax

Court: Guwahati

A. Raghuvir, C.J. 1. This reference is made at the instance of the assessee under the Income-tax Act, 1961. Daljeet Kaur is the assessee in the case. She was married on April 13, 1975. Her spouse is a partner in a firm called Bhupendra Cloth Stores at a place called Hojai in Nagaon district. The assessee submitted three returns on July 25, 1978. For the year 1976-77 she showed an income of Rs. 8,500, for 1977-78 Rs. 8,600 and for the year 1978-79 she showed Rs. 10,100 as her income. The Income-tax Officer, A-Ward, Nagaon, served notice on July 26, heard her authorised representative on July 29, 1978, determined her income at Rs. 8,500 for 1976-77, Rs. 8,600 for 1977-78 and Rs. 10,100 for 1978-79. The Income-tax Officer appended a note in the file that action under Section 147/263 may be taken if necessary in future. These are the primary facts in the case.2. The Commissioner of Income-tax at Shillong informed the assessee that he would reopen the assessment orders and fixed a date for...

Shiv Kumar Daga Vs. State of Assam and anr.

Court: Guwahati

Srivastava, J.1. This revision is directed against the order dated 25-6-82 passed by the learned Chief Judicial Magistrate, Tezpur, whereby the accused petitioner's application under Section 245(2) of the Code of Criminal Procedure, hereafter the 'Code', was rejected and bailable warrant of arrest against the accused petitioners were directed to be issued.2. Briefly, the facts are that the opposite party No. 1 had filed complaint dated 10-10-79 against the accused petitioners on the allegations that even though the petitioners had entered into agreement for supply of 20,000 pieces of blankets to the complainant, the petitioners had supplied only 960 pieces of inferior quality with the result that the complainant had incurred losses, and it was contended that the petitioners had committed the offence of 'cheating'. The learned Magistrate had examined the complainant and on being satisfied had issued process against the petitioners. The accused petitioners had appeared through a learned...

Jaswant Singh Vs. Kanika Bala Deka and ors.

Court: Guwahati

B.L. Hansaria, J. 1. Late Umesh Deka of Nagaon was travelling in a Matador on 21.8.1980. To his ill luck the vehicle met with an accident at a place called Patarkuchi within the jurisdiction of Gauhati P.S. He was hospitalised in Gauhati Medical College Hospital but could not survive. He met his end on 23.8.1980. A claim petition by his widow and parents was filed on 2.2.1981 claiming a sum of Rs. 6,00,000/- as compensation. The claim petition was on behalf of the children also two of whom were aged about 5 and 3 years at the relevant time and one was born posthumously.2. The case of the claimants was that the accident was due to rashness and negligence on the part of the driver. The learned Motor Accidents Claims Tribunal (MACT), Guwahati on being satisfied about the negligence on the part of the driver awarded a sum of Rs. 1,40,000/- as compensation together with interest at the rate of 6 per cent calculable from the date of the filing of the petition till realisation. The award w...

Jaswant Singh Vs. Kanika Bala Deka and ors.

Court: Guwahati

B.L. Hansaria, J.1. Late Umesh Deka of Nagaon was travelling in a Matador on 21-8-1980. To his ill luck the vehicle met with an accident at a place called Patarkuchi within the jurisdiction of Gauhati P.S. He was hospitalised in Gauhali Medical College Hospital but could not survive. He met his end on 23-8-1980. A claim petition by his widow and parents was filed on 2-2-1981 claiming a sum of Rs. 6, 00, 000/- as compensation. The claim petition was on behalf of the children also two of whom were aged about 5 and 3 years at the relevant lime and one was born posthumously.2. The case of the claimants was that the accident was due to rashness and negligence on the part of the driver. The learned Motor Accidents Claims Tribunal (MACT), Guwahati on being satisfied about the negligence on the part of the driver awarded a sum of Rs. 1, 40, 000 as compensation together with interest at the rate of 6 per cent calculable from the dale of the filing of the petition till realisation. The award wa...

State Bank of India Vs. Drugs and Scientific Distributors and ors.

Court: Guwahati

J.M. Srivastava, J.1. This is the plaintiff's appeal against the judgment and degree dated August 9, 1979, passed by the learned Assistant District Judge No. 1, Guwahati, whereby the plaintiff's suit was partly decreed for recovery of Rs. 7,593.28 only.2. The plaintiff-appellant had filed the suit for recovery of Rs. 46,638.77 against the defendants on the allegations that, on the request of defendant No. 1 of which defendant No. 2 was the sole proprietor, a cash credit account was opened with the plaintiff bank on December 2, 1969, with the limit of Rs. 25,000, that defendant No. 3 had stood surety for defendants Nos. 1 and 2, and the necessary documents had been executed by defendants. On February 5, 1970, when the outstanding balance due to the plaintiff was Rs. 17,056.42, the cash credit balance limit was raised to Rs. 35,000 and, in order to facilitate accounting, the balance due on the old account dated December 2, 1969, was transferred to the new account opened on February 5, 1...

Nilakantha Pati Vs. Ananta Misra and anr.

Court: Guwahati

A. Pasayat, J. 1. These two appeals directed against a common order relating to custody and guardianship of a minor and disposed of by this judgment which shall govern both. The basic facts necessary for adjudication of the appeals are. that appellant Nilakanta was married to one Sailabala in the year 1981 and respondent Ananta is his father-in-law. According to Ananta, Sailabala committed suicide on 11-12-1986 and on the basis of investigation, a charge-sheet under Sections 498A, 306, 323, Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act has been filed against Nilakantha and the matter is pending trial in the court of Subdivisional Judicial Magistrate, Puri. After the death of Sailabala, Tapas Kumar Pati, the minor son, whose custody and guardianship are the bones of contention in these appeals, stayed with one Bhagaban Das, (respondent No. 2 in Misc. Appeal No. 14 of 1989), another son-in-law of respondent Ananta. Two applications registered as Misc. Case No...