Guwahati Court July 1995 Judgments
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Kishan Gopal Agarwalla Vs. Smt. Ramdulari Sah and ors.
Court: Guwahati
Decided on: Jul-31-1995
S.L. Saraf, J. 1. This is a revision application challenging the judgment and decree dated 19-7-95 passed by the learned District Judge. Nagaon in Title Appeal No. 6/88 dismissing the appeal filed against the judgment and decree dated 4-4-88 passed by the Assistant District Judge, Nagaon in Title Suit No. 33/85. In the instant case plaintiff filed a suit against the original defendant No. 1 alleging that the Defendant No. 1 was a defaulter and the suit property was bona fide required by the plaintiff. Another question taken for eviction was that the defendant No. 1 has sublet the said property without the permission of the landlord to the defendant No. 2. Subsequently the defendant No. 1 expired and defendants Nos. (a), (b), (c), (d), (e) were substituted being the legal heirs and representatives of the deceased. The matter was heard and the trial Court held that the suit was not maintainable and liable to be dismissed for non-joinder of the necessary party. According to him Kashilal...
Shri Bhabendra Kumar Kalita Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jul-28-1995
D.N. Baruah, J. 1. The petitioner has filed this application under Article 226 of the Constitution challenging the annexure-1 order dated 23-12-94 by which the petitioner's son Cdt Dhrubajyoti Kalita was withdrawn from the school with immediate effect and prays for an appropriate writ or direction to allow the petitioner's son Dhrubajyoti Kalita to continue his studies in Class-VIII in the school and also to allow him to appear in the promotional annual examination. 2. The facts of the case may be stated in brief as follows. The petitioner's son Dhrubajyoti Kalita who is aged about 14 was admitted in Class-VI of Sainik School, Goal-para of which the respondent No. 2 is the Principal. The school is a member of the Indian Public Schools'. Conference and affiliated to the All India Central Board of Secondary Education, New Delhi. The school is directly functioning under the Ministry of Defence, Government of India. It is a residential school. Dhrubajyoti Kalita was promoted to Class-VII...
Shri N. Ranbir Singh Vs. District Magistrate and Two ors.
Court: Guwahati
Decided on: Jul-28-1995
H.K. Sema, J.1. Shri Naoroibam Ranbir Singh @ Tompok @ Rocky was detained in exercise of power under Sub-section (c) of Section 3, read with Section 3(2) of the National Security Act, 1980 (hereinafter the Act) by an order dated 14-2-1995. Thereafter, detention order was confirmed by an order dated 8-3-1995.2. Along with the detention order, the detenus was served with grounds of detention and the documents which formed the basis of the grounds of detention. The grounds of detention which are relevant for the purpose of disposal of this writ petition are as follows:-(1) That in the month of July, 1992 you, Ranbir Singh had joined out-lawed-organisation called Peoples Liberation Army (PLA in short) through one Shri Maibam Kesho Singh @ Piba of Kwaketithel Heinoukhongnembi, S/S Commander of Division No. 4 of PLA. Thereafter by using the code name as 'Rocky' to conceal your identity from General Public as well as security personnel, you had started to work for PLA as an over ground membe...
Chandra Nath Phookan Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-28-1995
D.N. Baruah, J. 1. In this Civil Rule the petitioner has challenged Annexure-III Notification No. G(B) GB, 2/94/10 dated 12-7-94 issued by the 3rd respondent-Director of Public Instructions, Assam and has prayed for issuance of appropriate writ or direction direction the respondents to cancel/ recall the said notification dated 12-7-94 and also for a direction to the respondents not to interfere with the management of the college during its venture stage. 2. The facts of the case may be stated as follows:-- Beltola College was established in the year 1983. The said college has been managed and controlled by the public of the locality. The college was established and being run with the help of contribution received from the people in the locality. A steering committee was constituted by the public of the said locality to manage the affairs of the college. The petitioner was appointed Secretary of the said Steering Committee. Higher Secondary classes of the college started in the year ...
Haridhan Banerjee Vs. Bhadrawati Goswami and ors.
Court: Guwahati
Decided on: Jul-20-1995
S.L. Saraf, J. 1. This is an application under Section 115 of the Code of Civil Procedure against an order passed on 2-4-90 by the Asst. District Judge, Jorhat in Misc. Case No. 50 of 1989 which arose out of money execution case No. 6/1989 allowing the objection under Section 47 of the Code of Civil Procedure and dismissing the execution case No. 6 of 1989.2. Heard Mr. B. K. Goswami, learned Senior Advocate for the petitioner and Mr. G. N. Sahenwalla, learned counsel for the Respondent.3. The facts in short are as follows.4. The plaintiff entered into a partnership with the defendants Nos. 1 and 2 to do business under the name and style of 'Scientific Supply House' the defendant No. 3. The case of the plaintiff is that the defendant No. 2 was the son of defendant No. 4 who in fact negotiated the terms and conditions of the partnership agreement. The defendant No. 4 also kept the accounts of the firm and also presided over the meetings of the firm. He also supplied capital to the firm ...
Kalicharan Book Sellers Vs. Manmath Choudhury and anr.
Court: Guwahati
Decided on: Jul-14-1995
A. K. Patnaik, J.1. This is an appeal against the judgment and award dated 6.1.1986 of the Member, Motor Accidents Claims Tribunal, Kamrup, Gauhati, in Motor Accident Claim Case No. 1(K) of 1979.2. The brief facts are that respondent No. 1 filed the aforesaid motor accident claim case before the Motor Accidents Claims Tribunal, Kamrup, Gauhati, claiming compensation of Rs. 1,50,000/- from the appellant for an accident that took place on 14.7.1978 between jeep No. WBB 748 owned by the appellant and the motor cycle No. ASU 9400 driven by the respondent No. 1. The aforesaid claim of the respondent No. 1 was contested by the appellant who in his written statement filed before the Motor Accidents Claims Tribunal, Kamrup, Gauhati pleaded, inter alia, that the vehicle of the appellant involved in the accident was off the road for the purpose of repairs and was not used by the appellant and one Pradip Chandra Kalita, who was not an employee of the appellant and was not permitted by the appell...
United India Insurance Company and ors. Vs. Tamuly L.N. and ors.
Court: Guwahati
Decided on: Jul-07-1995
A.K. Patnaik, J. 1. This is an appeal under Section 30(1)(aa) of the Workmen's Compensation Act, 1923 filed by M/s United India Insurance Company Ltd. against the order dated June 19, 1989 of the Commissioner, Workmen's Compensation, Kamrup awarding interest and penalty under Section 4A of the said Act. 2. The brief facts are that on July 24, 1986 a Truck bearing No. AMZ 5876 met with an accident at Bhangagarh and one Shri Sushanta Kumar Dey who was employed in the said Truck as a Handy-man died in the said accident. The father of Late Sushanta Kumar Dey, respondent No. 3 filed Workmen Compensation case before the Commissioner of Workmen's Compensation, Kamrup for compensation of Rs. 80,000/- against the Respondent No. 3 who was the owner of the Truck and the employer of Sushanta Kumar Dey and the appellant, who was the insurer of the Truck. Written statements were filed by the Respondent No. 3 and the appellant and on the said pleadings of the party 7 issues were framed by the Wor...
D.C. Bhura and Sons Vs. Hindustan Paper Corporation Ltd. and anr.
Court: Guwahati
Decided on: Jul-05-1995
J.N. Sarma, J. 1. The brief facts of the case is that the supply orders were placed with the petitioner company, i.e. M/s. D. C. Bhura and Sons of Silchar and another company based at Calcutta for supply of 1,000 Metric tones of coal at the rate of Rs. 899/- per metric ton. In the said supply order, certain terms and conditions were incorporated for supply of coal. Further, it was specifically mentioned that the calorific value of coal to be supplied should be 6,100 in K, Cal./ Kg. As per the said supply order coal was brought to coal yard of the Hindustan Paper Corporation Ltd. in trucks and were unloaded. Thereafter, the samples were taken and sent to the Laboratory. Therefore, it is the case of the petitioner company that the samples were taken and sent to the laboratory for analysis and report was prepared by the Chemist and senior Chemist of Hindustan Paper Corporation showing the calorific value and ash content of coal supplied by the suppliers. From the report it was confirmed ...
Smt. Phror Kharkongor and ors. Vs. O.P. Lytand and ors.
Court: Guwahati
Decided on: Jul-04-1995
D.N. Baruah, J. 1. This application is directed against the common order dated 9-9-94 passed by the Special Judicial Officer. Shillong, East Khasi Hills in L.A, Case Nos. 2-34 of 1993. Special Judicial Officer is a Court within the meaning of Section 18 of the Land Acquisition Act, 1894. 2. For the purpose of disposal of this writ application, facts may be narrated as follows :-- That land measuring 13.50 acres situated in Laitkor Peak was acquired under the provisions of the Land Acquisition Act, 1894 (for short, 'the Act'). The said land belonged to the petitioners. However, before the commencement of the proceedings under the Act the land was occupied by the acquiring department on the basis of lease agreement and they used to pay rent. As the land was required by the acquiring department a notification was issued by the Collector, Shillong under Section 4 and declaration was made under Section 6. Thereafter, after inviting claim under Section 9, the Collector made an award fixing...
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