Guwahati Court August 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Oriental Insurance Company Ltd. Vs. Shri Anil Chandra Das and ors.
Court: Guwahati
Decided on: Aug-25-1993
S.N. Phukan, J.1. This appeal is directed against the judgment passed in W.C. Case No. 18/91 by the Commissioner-cum-Addl. Deputy Commissioner, Guwahati for Workmen's Compensation Act, 1923, for short the Act.2. Appeal has been filed by the Insurance Company being aggrieved by the above order. As the point involved is short, it was decided that the appeal will be disposed of at the admission stage. Learned Counsel for the appellant as well as for the respondent-workman appeared and they were heard at length.3. A petition was filed by the respondent No. 1 Anil Ch. Das before the Commissioner claiming compensation under the Act. The petitioner was engaged as a driver by the owner of the Truck No. AMU-2737 and the truck met with an accident on 23.7.1991 on Rangia-Bhutan Road under Rangia Police Station. The truck was duly insured by the appellant. The learned Commissioner held that the petitioner was permanently disabled on the basis of the medical report and as he was aged 26 years old ...
Oriental Insurance Co. Ltd. Vs. Kalyani Roy and ors.
Court: Guwahati
Decided on: Aug-18-1993
D.N. Baruah, J.1. This appeal has been filed by the appellant insurance company (Oriental Insurance Co. Ltd.) against the award dated 27th June, 1991, passed by the Member, Motor Accidents Claims Tribunal, Shillong, in M.A.C. Case No. 11 of 1987. A mini bus No. MLK 2303 was involved in an accident on 2nd March, 1987 and as a result the husband of the claimant No. 1 and the father of the claimant Nos. 2 and 3 died. The claimants filed a case claiming compensation of Rs. 12,00,000/- (M.A.C. Case No. 11 of 1987). Seven issues were framed by the Member, M.A.C.T., Shillong. Eight witnesses were examined on behalf of the claimants and the respondent No. 4 examined 1 (one) witness. The owner also proved the policy, Exh. A. After closure of the evidence the Tribunal gave an award of Rs. 1,50,000. The Tribunal also held that the appellant insurance company is liable to pay the entire amount and accordingly the insurance company was directed to pay the awarded amount within a period of three mo...
Helen Ghosh Vs. Shri Babul Roy and ors.
Court: Guwahati
Decided on: Aug-17-1993
N.G. Das, J.1. This appeal is directed against the award of learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala dated 31st August, 1984 whereby claim petition was dismissed awarding no compensation for the damage caused to one heifer belonging to the appellant Smti Helen Ghosh.2. The case of the appellant, shortly put, is that on 31.5.1983 at about 8 P.M. when her one heifer was grazing on the kutcha road situate in front of her residence at Haimara Tilla, the vehicle No. TRS 477 belonging to one Shri Babul Roy and Bankim Chakraborty was passing along that road at a high speed and while it was passing in front of the residence of appellant the vehicle knocked down the heifer causing grievous injuries on it. The heifer was removed to Veterinary Hospital for treatment but after about 2 months the heifer died. In the meantime, the driver-cum-Caretaker of the vehicle Shri Saroj Bhowmik agreed to pay the price of a similar heifer but neither the owner nor the driver-cum...
Smti Helen Ghosh Vs. Shri Babul Roy and ors.
Court: Guwahati
Decided on: Aug-17-1993
N.G. Das, J. 1. This appeal is directed against the award of learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala dated 3lst August, 1984 whereby claim petition was dismissed awarding no compensation for the damage caused to one heifer belonging to the appellant Smt Helen Ghosh. 2. The case of the appellant, shortly put, is that on 31-5-1983 at about 8p.m. when her one heifer was grazing on the kutcha road situate in front of her residence at HaimaraTilla, the vehicle No. TRS 477 belonging to one Shri Babul Roy and Bankim Chakra-borty was passing along that road at a high speed and while it was passing in front of the residence of appellant the vehicle knocked down the heifer causing grievous injuries to it. The heifer was removed to Veterinary Hospital for treatment but after about 2 months the heifer died. In the meantime, the driver-cum-caretaker of the vehicle Shri Saroj Bhowmik agreed to pay the price of a similar heifer but neither the owner nor the driver cum...
Shri Sukumar Roy and ors. Vs. Shri Rabindra Chandra Roy and anr.
Court: Guwahati
Decided on: Aug-17-1993
N.G. Das, J. 1. This second appeal is directed against the judgment dated 27-5-1983 passed by the learned Addl. District Judge, West Tripura, Agartala affirming the judgment and decree passed by the learned Sadar Munsiff, Agartala in Title Suit No. 146/75 decreeing the suit. 2. The case of the plaintiffs, shortly put, is that the suit land measuring 5 kanis 3 gandas 1 kara 4 dhurs of C.S. Plots Nos. 51, 52, 53, 54, 55, 57, 58, 59 and 60 of Mouja Simna originally belonged to one Ananda Charan Chakraborty. On 15-3-55 A.D. Ananda Charan Chakraborty sold the suit land along with other lands to late Hriday Ch. Roy, the father of the plaintiffs and after purchase of the suit land along with other lands Hriday Ch. Roy was possessing the suit land by growing crops thereon. After the death of Hriday Ch. Roy plaintiffs became the owners and possessors of the suit land as heirs of late Hriday Ch. Roy. The plaintiff No. 1 Rabindra Chandra Roy being a Headmaster of one High School at Simlapal, Di...
State of Tripura Vs. Tapan Kumar Dhar and anr.
Court: Guwahati
Decided on: Aug-13-1993
Bhat, C.J. 1. Respondents are husband and son of Aparajita Majumdar, who died in a motor vehicle accident on 2-5-84. A Lorry, TRL 1823, belonging to the Government of Tripura was being used to carry a big ladder. The lorry was proceeding at an excessive speed. The ladder fell down from the lorry and hit Aparajita Majumdar, who was proceeding in a rickshaw. She sustained injuries and was removed to G.B. hospital where she died after about an hour. Her husband and minor son filed a petition before the M.A.C. Tribunal claiming Rs. 4 (four) lakhs as compensation from the driver of the lorry and the State. The claim was resisted. The Tribunal upheld the case of the claimants and awarded compensation of Rs. 3,00,000/-including Rs. 15,000/- paid as interim compensation, with interest of 6 per cent per annum. The State, being aggrieved by the quantum of compensation awarded, has filed this appeal. 2. Aparajita Majumdar was aged about 34 years at the time of the accident. Her husband was aged...
Md. Pasnur Ali Vs. Rufia Begum
Court: Guwahati
Decided on: Aug-13-1993
U.L. Bhat, J.1. Petitioner is the husband of the respondent. Respondent filed an application under Section 125 of the Code of Criminal Procedure before the Sub-divisional Judicial Magistrate, Rangia claiming maintenance. Parties filed a joint petition before the learned Magistrate indicating that they have decided to live as spouses. Petitioner under took that he shall not torture or divorce the wife and further undertook that if he violates the condition he would pay Rs. 125/- per month as maintenance allowance to her. The compromise was recorded by the learned Magistrate, who dropped the case. After the establishment of the Family Court the respondent filed an application before the Court alleging that the husband has violated the terms of compromise and claiming arrears of maintenance at the agreed rate. The Family Court issued notice to the husband. The efforts of the Counsellor attached to the Court to bring about reconcilation failed. Admittedly the petitioner had contracted a s...
N. Bisheswar Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Aug-13-1993
J. Sangma, J.1. This Habeas Corpus petition under Article 226 of the Constitution.is for quashing the detention order dated 22-4-1993 passed by Sri R.K. Angousana Singh, District Magistrate, Imphal District (Annexure-A/1) in Criminal N. S.A. No. 4 of 1993, which was served on the petitioner in hazot on 25-4-1993 and approved by the Government of Manipur on 3-5-1993.2. The petitioner is a resident of Singjamei Makha Nameirakpam Leikai in the district of Imphal. While he was in Judicial custody at Cental Jail in connection with criminal cases, he was elected M.L.A. from Pungjamei Assembly Constituency in the election held on 27-12-1984. After he became M.L.A., he was convicted in those cases but released by setting of the period of judicial custody which was more than 3 1/2 years. Thereafter, on 5-6-1988, he founded a new political party called 'PORAMLEN APUNBA' to contest the coming Assembly election of 1990. He and his partymen then started to work for the party by going to the people...
Shri Manoharmayum Bimal Sharma and ors. Vs. Secretary, Indian Counsel ...
Court: Guwahati
Decided on: Aug-12-1993
Homchaudhuri, J. 1. In this application under Section 115 C.P.C., the petitioner has impugned the order dated 26-6-1993, admitting appeal registered as Civil Appeal No. 3/93, preferred against the judgment and decree dated 7-4-1993 passed by the learned Subordinate Judge-II, Manipur in Original Suit No. 53/ 90. Petitioner's contention is that the suit was valued at Rs. 5,100/- and that under Section 32 of the Manipur (Courts) Act, 1956 (Act 56 of 1955) at the material time of institution of the suit in the year 1990, appeal from a decree or order of Munsiff and of a Subordinate Judge in any suit value of which did not exceed Rs. 5,000/- lay before the Court of the District Judge and in all other cases to the High Court. The suit being valued at Rs. 5,100/-, appeal against the judgment and decree passed by the learned Subordinate Judge in Original Suit No. 53/90 lies in the High Court and the learned District Judge has no jurisdiction to entertain the appeal. Other contentions of the p...
Chingakham Bishwarjit Singh Etc. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Aug-12-1993
S.K. Homchaudhuri, J.1. Common point having involved in both the petitions, the petitions are disposed of by this common judgment and order.2. Petitioner in Civil Rule No. 738/93, Shri Ch. Bishwarjit Singh came to be appointed as LDC on substitute basis by the order dated December 3, 1991 passed by the Commissioner (Education), Govt. of Manipur for a period of 6 months or till the post would be filled up on regular basis whichever was earlier. After appointment the petitioner was posted to work in the Govt. Hindi Teachers' Training College. By subsequent orders passed by the respondent No. 2, the Director of Education (s), Govt. of Manipur, the petitioner's appointment on substitute basis was extended from time to time. By order dated October, 1992 (Annexure-A/4) to the petition) passed by the respondent No. 2, substitute / ad-hoc / officiating appointment of 76 LDC including the petitioner and one Stenogra-pher Grade III, were extended upto the end of October, 1992. By order dated Oc...
- ‹ Prev
- 2
- Next ›
- Last »