Guwahati Court January 1998 Judgments
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Chitrasen Goala and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jan-28-1998
N.G. Das, J.1. This appeal is directed against the judgment and order of conviction dated 30-8-1995 passed by the learned Additional Sessions Judge, Sonitpur in Sessions Case No. 35(S)/94 whereby learned Addl. Sessions Judge convicted the appellants under Section 302 read with Section 34 of IPC 'and sentenced them thereunder to undergo RI for life and also to pay a fine of Rs. 5,000/- each in default of which they are to suffer RI for another one year.2. We have heard Mr. S. C. Biswas, the learned counsel appearing on behalf of the appellants and Mr. D. Goswami, the learned Public Prosecutor.3. The prosecution case which has given rise to this appeal is that the deceased Raju Nayak had a love affair with the sister of the appellants and on the date of occurrence viz. 15-11-1993 the deceased took the sister, namely, Smt Bulu Goala (P.W. 4) to his own house. The appellants and some other relations of Bulu came to know that Bulu was detained by the deceased in his house and on receipt of...
Ashalata Debnath and ors. Vs. Krit Kumar Das and ors.
Court: Guwahati
Decided on: Jan-22-1998
A.K. Patnaik, J.1. These two writ petitions under Article 226 of the Constitution have been filed against the order dated 6.11.97 passed by the Motor Accidents Claims Tribunal, West Tripura, Agartala in case No. Misc. (MAC) 59 of 1997 arising out of T.S. (MAC) 253 of 1997 and in case No. Misc (MAC) 60 of 1997 arising out of TS (MAC) 252 of 1997. By the said orders, the Tribunal while allowing compensation of Rs. 50,000/- towards no fault liability directed that 90 per cent of the awarded compensation to be deposited by the United India Insurance Co. Ltd. would be invested in long-term fixed deposit schemes at least for five years of a nationalised bank in the name of Ashalata Debnath, petitioner No. 1 in Civil Rule No. 27 of 1998 and in the name of Namita Roy, petitioner No. 2 in Civil Rule No. 28 of 1998, who are the mothers of the victims of the accident, and further directed the bank not to allow any advance or loan against the said amounts and to pay only the interest that may acc...
National Insurance Co. Ltd. Vs. Gouri Sen Gupta and ors.
Court: Guwahati
Decided on: Jan-19-1998
A.K. Patnaik, J.1. This is a revision against the order dated 4.6.1997 of 1st Member, Motor Accidents Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 258 of 1995 by which the learned 1st Member of the Tribunal did not permit the petitioner insurance company to put some questions relating to the income of the deceased by way of cross-examination of the witness-respondent No. 1.2. The facts briefly are that respondent No. 1 Gouri Sen Gupta filed an application under Section 166 of the Motor Vehicles Act, 1988, against the petitioner insurance company as well as the respondent No. 2 who is the owner of the vehicle No. TRL 3742 and the respondent No. 3 who is the driver of the said vehicle for compensation for death of her husband in a motor accident and the said case was initially filed before the learned Member, Motor Accidents Claims Tribunal, South Tripura, Udaipur and thereafter transferred to the 1st Member, Motor Accidents Claims Tribunal, West Tripura, Agartala and numbered ...
Commissioner of Wealth-tax Vs. Ajoy Kumar Saharia
Court: Guwahati
Decided on: Jan-19-1998
V.D. Gyani, J. 1. Heard learned standing counsel for the Revenue, Mr. Joshi. 2. This court in Civil Rule No. 14(M) of 1991, issued a direction under Section 27(3) of the Wealth-tax Act, 1957, to draw up a statement of case. Accordingly, the same has been placed before us. The following questions have been referred for this court's opinion : '1. Whether, on the facts and in the circumstances of the case and in view of Sub-rule (i) of Rule 1D of the Wealth-tax Rules, 1957, the Tribunal was justified in upholding the Appellate Assistant Commissioner's order directing that the value of the shares of Hapjan Purbat Tea Co. (P.) Ltd.. and in respect of the assessee's holding should be valued as per the stock exchange quotation of the value of shares of the said private limited company when such shares were not regularly quoted in any stock exchange ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in not accepting the appeal preferred by the ...
New India Assurance Co. Ltd. Vs. Sabitri Rabi Das and ors.
Court: Guwahati
Decided on: Jan-16-1998
A.K. Patnaik, J.1. This is an appeal against the order dated 20.2.1997 of the learned single Judge dismissing the Civil Rule No. 147 of 1997 filed by the appellant/writ petitioner.2. The facts briefly are that one Balaram Rabi Das died in a motor accident and respondent Nos. 1 to 4 who are his legal heirs filed an application under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 7,02,800/- from the owner and the appellant insurance company which was numbered as TS (MAC) No. 86 of 1993. The Motor Accidents Claims Tribunal, West Tripura, Agartala, awarded a total compensation of Rs. 2,28,000/- in favour of claimant-respondent Nos. 1 to 4 and against the appellant insurance company by its judgment and award dated 18.5.1996. The appellant insurance company thereafter filed a review application before the said Tribunal which was numbered as Civil Misc. Case No. 123 of 1996. But the said review application was rejected by the Tribunal by order dated 8.1.1997. Aggri...
Union of India (Uoi) and anr. Vs. Nanda Rani Debnath (Bhowmik) and ors ...
Court: Guwahati
Decided on: Jan-15-1998
N.G. Das, J.1. These two appeals, viz., M.A. (F) No. 73 of 1990 under Section 173 of Motor Vehicles Act, 1988 Thereinafter referred to as 'the Act') and the cross-appeal, viz., No. 212 of 1997 under Order 41, Rule 22 of Civil Procedure Code filed by the Union of India and another and Nanda Rani Debnath and others respectively are directed against the judgment and award dated 24.8.1990 passed by the learned Member, Motor Accidents Claims Tribunal, West Tripura, Agartala in Title Suit (MACT) No. 39 of 1988.2. We have heard Mr. K.N. Bhattacharjee, learned Senior Central Government Standing Counsel appearing on behalf of the appellant Union of India and Mr. S. Deb, the learned senior counsel appearing on behalf of Nanda Rani Debnath (Bhowmik) and others, cross-objectors.3. To appreciate the contentions canvassed at the bar by learned Counsel for the parties, the facts relevant for the purpose may be stated as under: On 2.4.1988 in a motor accident which took place at about 9.55 a.m. on A...
Md. Ali Saikia Vs. Meghalaya State Electricity Board and ors.
Court: Guwahati
Decided on: Jan-08-1998
A.K. Patnaik, J. 1. In this application under Article 226 of the Constitution, the petitioner Md. Ali Saikia has prayed for quashing the order dated January 24, 1997 whereunder he has been compulsorily retired from the service of Meghalaya State Electricity Board, and also for quashing the order dated January 28, 1997 by which the Assistant Executive Engineer, Umtru Maintenance Sub-Division of the Meghalaya State Electricity Board has been requested to take over the charge from the petitioner before February 1, 1997 pursuant to the said order of compulsory retirement.2. The facts briefly are that the petitioner was initially appointed as work charge employee under the Assam State Electricity Board on November 24, 1961. His services were regularised in the post of Engineer Subordinate-Grade-III in the year 1971 by the Assam State Electricity Board. After the bifurcation of the State of Meghalaya from the State of Assam, the Meghalaya State Electricity Board was constituted and the pet...
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