Guwahati Court April 1990 Judgments
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The Union of India (Uoi) Vs. D.S. Narula and Co.
Court: Guwahati
Decided on: Apr-06-1990
S.N. Phukan, J. 1. This Revision petition is by the Union of India through the Chief Engineer, Shillong Zone against the judgment and order of the learned Addl. Deputy Commissioner, East Khasi Hills District, Shillong, by which the learned lower appellate court affirmed the judgment of the learned Assistant to the Deputy Commissioner. 2. On first of May, 1973 a contract was entered into between the parties herein for construction of the main sewers at Dinjan within the district of Dibrugarh. The agreement was executed at Shillong. After completion of the work a dispute was raised by the contractor viz. the opposite party herein and as per the terms of the agreement it was referred to the sole arbitrator. The arbitrator gave a non-speaking award, awarding a sum of rupees five lacs and odd in favour of the contractor. It may be mentioned that during the arbitration proceeding the petitioner herein filed a petition under Sections 5 & 11 of the Arbitration Act, 1940, for short 'the A...
Frontier Motor Car Co. (P) Ltd. Vs. Regional Director, Esic
Court: Guwahati
Decided on: Apr-06-1990
S.N. Phukan, J. 1. The appellant herein is a company doing its business for servicing and repairing of automobiles and supplying of motor parts with a small workshop without the use of power. Being aggrieved by the judgment and order of the Presiding Officer, Employees' State Insurance Court, Dibrugarh, the present appeal has been filed under Section 82 of the Employees' State Insurance Act, 1948, for short 'the Act'. 2. The Regional Director of Employees' State Insurance Corporation issued a notice intimating the appellant that the company is covered by the Act and accordingly demanded contribution. Under mistaken notion and in absence of correct legal advice, the appellant complied with the notice and deposited its contribution from time to time. Thereafter, appellant put in a claim that the company was not covered by the Act and as such refused to pay its contribution which was rejected. The respondent sent a letter to the Collector for recovery of a sum of Rs. 570/- and Rs. 193/-...
Rafiq Islam Vs. United India Insurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Apr-03-1990
S.K. Homchoudhuri, J.1. This appeal is directed against the award dated 16.12.1988 passed by the learned Member, Motor Accidents Claims Tribunal, Goalpara in MAC Case No. 39 of 1987 rejecting the claim of the appellant for compensation.2. The appellant, Rafiq Islam, made a claim petition in the court of the learned Member, Motor Accidents Claims Tribunal claiming compensation of Rs. 1,40,000/- from the owner of truck No. AMG 245 and United India Insurance Co. Ltd. on the allegation that on 23.3.1987 at about 6 a.m. while the claimant was standing on the extreme right side of the road at Singri, the vehicle, namely, truck No. AMG 245, driven in a rash and negligent manner came in high speed and knocked him down causing serious injuries on his body for which he has become permanently disabled. The claimant after regaining his consciousness found that he was hospitalised for about 10 months and was discharged on 20.12.1987, but still he was not at all cured and he needed further treatmen...
Ashok Kumar Ghose Vs. Khetra Mohan Das
Court: Guwahati
Decided on: Apr-02-1990
S.N. Phukan, J.1. The learned Executive Magistrate, Tezpur in Misc. Case No. 190/87 passed the following orders in a proceeding under Section 145, Cr. P.C.'5-5-87. Perused the petition and the affidavit of the 1st party. The 2nd party has constructed a house and erected a pucca wall by which obstructions have been created in the pathway from the main road to the house of 1st party. (as described in the Schedule). I am satisfied that apprehension has arisen to the effect that there might be breach of peace between the parties. Therefore, being satisfied I have drawn up a proceeding under Section 147, Cr. P.C.Issue notice to the 2nd Party to show cause in writing by appearing in the Court on the date fixed, as to why the said obstructions should not be removed.Fix 25-5-87.'2. Being aggrieved an abortive revision petition was filed before the learned Additional Sessions Judge, Tezpur and hence this revision petition under Section 482, Cr. P.C.3. The main thurst of the argument of Mr. Bha...
State of Meghalaya and ors. Vs. Jyotsna Das
Court: Guwahati
Decided on: Apr-02-1990
Srivastava, J. 1. This is defendants' appeal against the judgment and decree dt. 30-7-87 passed by the Assistant District Judge No. 2, Cachar, Silchar, whereby the plaintiff respondent's suit for recovery of Rupees 21,433.50 paise was decreed against the defendants-appellants. 2. The plaintiff had filed the suit for recovery of Rs. 21,433.50 p. from the defendants, the State of Maghalaya and its officers, on the allegations that the plaintiff was an approved dealer in 'non-levy' cement and other building materials and had been carrying on business at Shillongpatty, Silchar. The plaintiff through her husband had on 30-6-85 purchased 500 bags of non-levy cement from the defendant No. 9 at Gauhati on cash payment of Rs.43,500/- which included Rs. 1500/- as lorry freight advance for despatch through the defendant No. 8. Theplaintiff's husband after the transaction had left Gauhati on getting assurance from the defendants Nos. 8 and 9 that said 500 bags of cement would be delivered at the...
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