Guwahati Court December 1998 Judgments

Thingnam Angouba Singh and ors. Vs. State of Manipur and ors.

Court: Guwahati

1. In this writ petition the petitioners, expressed their common grievances and sought for a direction to the State respondents to implement the recommendations submitted by the then Director, Family Welfare Department, under office letter, dated 2.11.95, as in Annexure A/29 to the writ petition ; to implement or strictly adhere, the mandatory guidelines, formulated by the Government of India, in respect of Staffing pattern, as in Annexure A/2 to the writ petition and, to direct the State respondents not to take up any steps for adoption, of the existing Recruitment Rules of. District Extension and Media Officer for the post of Assistant Director (Mass Medial/State Mass Education and Media Officer, and also adoption of recruitment Rules of Health Education Instructors, for Health Education on the basis of the proposal made under office letter dated 19.8.96 and 4.3.96 as in annexure A/33 and A/34 to thewrit petition, coupled with the prayer to restrain, them from filling up of the exist...

Md. Jober Ali Vs. National Insurance Co. Ltd. and anr.

Court: Guwahati

Reported in: 2000ACJ873

J.N. Sarma, J.1. This appeal has been filed against the award dated 29.2.1996 passed in M.A.C. Case No. 408 (k) of 1998 by the Member, M.A.C.T., Kamrup at Guwahati. The award earlier passed for an amount of Rs. 1,07,000 with interest at the rate of 15 per cent from the date of the claim till deposit is made in favour of the claimant and it was passed against opposite party Nos. 1 and 2, the owner and the driver but it was not passed against the insurance company, i.e., the National Insurance Co. Ltd. on the ground that the vehicle was driven not by the licensed driver but by the conductor having no valid driving licence. It was not established before the Tribunal that the conductor was allowed or engaged by the owner of the vehicle to drive it nor it was established that this was done with the knowledge of the owner. In spite of it, the liability was not thrust on the insurance company. The only document which was produced before the Tribunal by the insurance company is a document tagg...

State of Assam and anr. Vs. Jibeswar Barthakur

Court: Guwahati

Pathak, J. 1. This is an appeal against the judgment and order dated 15-6-1998 of the learned single Judge in Civil Rule No. 1133/98. 2. The facts briefly are that the respondent's son Sri Bikash Barthakur applied for admission into First Year MBBS/BDS Courses in the Medical Colleges and the Regional Dental College located in the State of Assam for the session 1997 pursuant to advertisement dated 14-4-1997 of the Director of Medical Education, Assam. As Sri Bikash Barthakur was the cousin of Anjan Barthakur, a martyr of Assam Movement, his application was for a seat reserved for sons/ daughters/brothers/sisters of the Martyrs of Assam Movement under Rule 6 of the Medical Colleges of Assam and Regional Dental College (Regulation of Admission of Under-Graduate Students) Rules, 1996, (hereinafter referred to as '1996 Rules'). Pursuant to his application, Sri Bikash Barthakur took the common entrance examination along with other candidates and in the select list dated 14-11-1997 his name...

Workmen Represented by Assam Petroleum Mazdoor Union Vs. Management Oi ...

Court: Guwahati

J.N. Sarma, J.1. This Civil Rule is an attempt to bring to life a dead horse by resorting to hogging. 2. The brief facts are as follows: (i) There was a reference and the terms of the reference was whether the action of the management of Oil India Limited, pipeline Division, a Gauhati in replacing the ambulance services at PHQ. Noonmati and P.S. 8 Sonapur from departmental service to contractual services is justified? (ii) The Industrial Tribunal, Gauhati on receipt of the said reference issued notice to the petitioner as well as respondent No. 1 and they filed their respective statements. That a was registered as Reference case No. 11 (C) 92. On August 22, 1995 an application filed by one Shri Gopal Kalita, the Joint Secretary of the Union and on the application the reference was withdrawn as a settlement was arrived at between the parties and it was further found by the Tribunal that the settlement arrived at is fair and it was further found that the provision of ambulance service ...

Subal Kumar Dey Vs. Apangshu Mohan Lodh and anr.

Court: Guwahati

Reported in: 1999CriLJ4898

1. A complaint petition was made before the Chief Judicial Magistrate, West Tripura, Agartala, arraying the petitioner as an accused for the alleged offence under Sections 500, 501 and 502, IPC. The learned Magistrate took cognizance of the offence, initiated a proceeding and summoned the accused. The accused appeared before the learned Chief Judicial Magistrate, Agartala and submitted an application questioning the maintainability of the proceeding and for dropping the proceeding. The learned Magistrate upon hearing the learnd counsel for the parties, passed an order rejecting the said application of the accused vide his order dated 5-9-98. Hence this application challenging the legality of the order.2. Though the present petition has been filed as a revision under Section 397, 401 Cr.P.C., Mr. A.K. Bhowmik, the learned Senior Counsel appearing on behalf of the petitioner accused has virtually advanced his argument for quashing of the proceeding under Section 482, Cr.P.C., Mr. Bhowmik...

Subal Kumar Dey Vs. Apangshu Mohan Lodh and anr.

Court: Guwahati

Reported in: 1999CriLJ4898

ORDERD.N. Chowdhury, J.1. A complaint petition was made before the Chief Judicial Magistrate, West Tripura, Agartala, arraying the petitioner as an accused for the alleged offence under Sections 500, 501 and 502, IPC. The learned Magistrate took cognizance of the offence, initiated a proceeding and summoned the accused. The accused appeared before the learned Chief Judicial Magistrate, Agartala and submitted an application questioning the maintainability of the proceeding and for dropping the proceeding. The learned Magistrate upon hearing the learnd counsel for the parties, passed an order rejecting the said application of the accused vide his order dated 5-9-98. Hence this application challenging the legality of the order.2. Though the present petition has been filed as a revision under Section 397, 401 Cr.P.C., Mr. A.K. Bhowmik, the learned Senior Counsel appearing on behalf of the petitioner accused has virtually advanced his argument for quashing of the proceeding under Section 48...

Sobahan Ali and ors. Vs. Jitendra Narayan Mondal and anr.

Court: Guwahati

J.N. Sarma, J.1. This is really an unfortunate and pitiable case where the Motor Accidents Claims Tribunal awarded an amount of Rs. 2,500 only and a cost of Rs. 500 with regard to the death of a lady aged about 60 years. That amount was also not awarded against the insurance company, but against the owner of the scooter. The only ground for awarding this Rs. 2,500 is that the deceased was a daily rated worker and the Tribunal found as if there is no value of life of the daily rated workers.2. The law is settled by a catena of decisions where it has been pointed out that the Motor Accidents Claims Tribunal should not give award on the higher side making a claim before the Tribunal a lottery or a jackpot, but at the same time, it has been consistently held that there is no justification for a Tribunal to be niggardly and/or to display an attitude of parsimony.3. A claim petition was filed in the year 1991 before the Member, Motor Accidents Claims Tribunal at Dhubri and that was registe...