Guwahati Court February 1991 Judgments
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Peoples Union for Human Rights, Represented by P.K. JaIn and ors., Etc ...
Court: Guwahati
Decided on: Feb-20-1991
R.K. Manisana, J.1. In these four (4) writ petitions, namely Civil Rules Nos. 2314, 2238 & 2415 of 1990, and Civil Rule No. 11 of 1991, the constitutional validity of the provisions of the Armed Forces (Special Powers) Act, 1958 (Act 28 of 1958) and the Assam Disturbed Areas Act, 1955 (Act 19 of 1955) are challenged. The validity of the two Acts were challenged earlier in this Court under Article 226 of the Constitution. But the proceedings were transferred from the Gauhati High Court to the Delhi High Court by the Supreme Court. A Division Bench of the Delhi High Court has in Indrajit Barua v. State of Assam reported in, AIR 1983 Delhi 513, held that the two Acts are valid except those relating to Assam Rifles under the Assam Act. While dealing with the above referred Civil Rules, a Division Bench of this Court has referred the following two (2) questions formulated in the order of reference to a larger Bench. Hence they are before us.2. The. questions are:'1. Whether the Army Author...
North Eastern Electricity Power Corporation Ltd. and ors. Vs. Lakhi En ...
Court: Guwahati
Decided on: Feb-19-1991
J.M. Srivastava, J. 1. This is defendant's appeal against the judgment and decree dated 15-7-1983 passed by the learned Assistant District Judge No. 1, Nowgong whereby the plaintiffs (respondent No. 1 in this appeal) suit for recovery of Rs. 34,962.86 p. was decreed.2. The plaintiff had filed suit for recovery of Rs. 34,962.36 on the allegations, that in pursuance to tenders invited by the defendant Corporation in the year 1979-80-81, an agreement between the plaintiffs and the defendant the North Eastern Electricity Power Corporation hereinafter referred as the 'Corporation', the present appellant was executed whereby the plaintiffs had been awarded contract for handling and transportation of materials at and from Lanka to Garampani project. As per terms of contract as directed by the defendant No. 2 or his authorised representative, the plaintiff had carried materials i.e. cement from Lanka Railway station or other places to Store Yards godowns or work sites of the defendant corpor...
Niloy Dutta Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Feb-05-1991
A. Raghuvir, C.J.1. The circumstances in which the writ petition was filed in this court are rather unusual. We set out the facts in brief in chronological order.2. A practising advocate of this court Sri Pranabananda Pathak intervened at a con-venient time in the forenoon of January 24, 1991 read a news item in the open court from Natun Dainik (a daily newspaper in Assam) under the caption 'Sandehjukta ULFA Sadashya Atak', Translated into English the news item reads as follows : 'Suspected ULFA female members detained'. On January 22, 1991 it is reported two females were taken in custody to Army camp for interrogation. The occurrence perturbed the local populace. Among the two females one is Asomi Gogoi, a High School student of Class X. The other Minu Saikia is a student of Higher Secondary School in 2nd year. Sri P. Pathak requested the powers of this court under Article 226 of the Constitution be invoked to interdict the Army from taking females to Army Camp for interrogation.3. O...
New India Assurance Co. Ltd. and anr. Vs. Nathmal Bhajanka and ors.
Court: Guwahati
Decided on: Feb-05-1991
B.P. Saraf, J.1. This appeal by the defendant insurance company is directed against the judgment and decree of the Assistant District Judge, Jorhat decreeing the suit of the plaintiff for recovery of compensation on account of damage to his vehicle which was covered by an insurance policy with the defendant-appellant.2. The case of the plaintiff, briefly, was that his vehicle, a truck bearing registration No. ASZ 5143, met with an accident on 28.1.1973 and was damaged. The said vehicle was insured with the defendant-appellant. The plaintiff preferred claim but despite several requests and demands the insurance company did not take any action. Under the circumstances, the plaintiff, after giving proper notice to the insurance company, got the vehicle repaired and took delivery of the same on payment of repairing charges amounting to Rs. 21,021.53. The plaintiff also approached the insurance company for arbitration but as it failed to take any effective step to settle the matter by arb...
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