Guwahati Court May 1998 Judgments
Charu Barman and ors. Vs. Satya Narayan Jiwanram and ors.
Court: Guwahati
Decided on: May-27-1998
V.D. Gyani, Actg. C.J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 arises out of judgment and award dated 19.9.1996 passed by Member, Motor Accidents Claims Tribunal, Kam-rup, Guwahati in M.A.C. Case No. 319 (K) of 1993.2. It was on 1.1.1993 that Umacharan aged about 42, was returning home as usual from the C.P.W.D. Office, little knowing that he would be knocked down by a car ultimately putting an end to his life. He sustained severe head injuries and despite immediate and efficient medicare, as available in the city, he succumbed to the injuries on 4.5.1993 after prolonged treatment and hospitalisation, leaving behind his wife and three school going children. The appellants filed their claim, which was resisted by the respondents owner, insurer on the usual mechanical stereotyped objections with slender or no supporting facts. A plea of contributory negligence was also raised but without any attempt at substantiating the same, so much so, the driver of the offend...
Tag this Judgment!Confederation of All Nagaland State Services Employees Association Vs. ...
Court: Guwahati
Decided on: May-26-1998
H.K. Sema, J.1. By this petition under Sections 12 and 13 of the Contempt of Court's Act, 1971 read with Article 215 of the Constitution of India, the petitioner prayed for punishing the contemners for their wilful, deliberate and intentional violation of the judgment dated 25-2-1997 passed in Civil Rule No. 40(K)/96 and the judgment dated 25-2-1997 in Civil Original (Contempt) Petition No. 17(K)/96. This is the second contempt petition against the contemners for the same cause of action.2. This case has chequered history and the facts leading to the filing of the present contempt petition may be briefly recited.3. By a W.T. Message dated 30th Dec, 1995, the State Government in the Department of Finance stopped all the State Government payments except salaries and pensions. This message is relevant and brief is extracted below :- ,No. BUD/1-2/95-96 DTD 30-12-1995(.) STOP ALL STATES GOVT. PAYMENTS RPT STOP ALL STATE GOVT. PAYMENTS WITH IMMEDIATE EFFECT 'UNTIL FURTHER ORDERS EXCEPT SALA...
Tag this Judgment!Saikhom Raghumani Singh Vs. Chief Engineer-i, P.W.D. and ors.
Court: Guwahati
Decided on: May-22-1998
P.K. Sarkar, J.1. Shri S. Raghumani Singh, a Special Class Contractor for contract works under the P.W.D., Government of Manipur, has filed the present writ petition, praying for a direction on the respondents to quash the letter of acceptance dated 21-3-1998 (Annexure A/4) and also for a direction to the respondents to dispose of his representation dated 5-12-1997 (Annexure A/3).2. The respondent No. 2, Superintending Engineer, National Highway Circle, PWD, Govt. of Manipur invited tenders from special Class Contractors to quote rates for road work on N. H. 39, Manipur by Tender Notice No. 4/97 dated 6-6-1997 for strengthening of existing double lane pavement and widening to double lane standard on NH 39 in Manipur including construction of ROC Slab Culverts, etc. etc. In connection with the aforesaid work, a meeting was held on 20-8-1997 where 13 Special Contractors were selected for quoting their rates for the aforesaid works. Tenders were opened on 8-1-1987 at 3.30 p.m. by the res...
Tag this Judgment!Ram Narayan Jha Vs. State of Assam
Court: Guwahati
Decided on: May-21-1998
P.C. Phukan, J.1. This is an appeal directed against the Judgment and order dated 30-7-1992 passed by the learned Additional Sessions Judge, Kamrup at Guwahati convicting the accused appellant under Section 376, IPC and sentencing him thereunder to 4 (four) years rigorous imprisonment and to pay a fine of Rs. 1000/-, in default to further 6 (six) months' rigorous imprisonment in Sessions case No. 87(K-G)/9().2. The prosecution case in brief is that on the night of 28-10-89 P.W. 1 Lila Devi was sleeping in the Railway Quarter at Bamuni-Maidan under Chandmari Police Station. Her children were also sleeping in the room. Her husband P.W. 2 Bhusan Poddar, a Marble Mistry, was away. He had gone to the house of P.W. 4 Robin Baruah. At about 12-30 a.m. the accused Ram Narayan Jha, who had let out one part of his Railway Quarter to P.Ws. 1 keeping the other part for himself knocked the door and told P.W. 1 that he had an urgent message for her from her husband. P.W. 1 opened the door. The accu...
Tag this Judgment!Adari Chaudhury and ors. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-20-1998
V.D. Gyani, Actg. C.J.1. Basic facts of this case are substantially admitted. The only difference is in the nature of defence set up by the respondents, otherwise it is an admitted position that the father of petitioner Nos. 2 to 4 and the husband of petitioner No. 1 was picked up by the army on 13.9.1997.2. While the writ petitioners' claim is that on 13.9.1997 at about 4.00 p.m. a group of army personnel came to the tea stall while Bhupen Choudhury, their father was engaged in his own tea stall, he was asked to go with them to their camp. Handing over the charge of his tea stall to one of his sons, he went with the army personnel. At the same time another person by name Krishna Sarmah was also picked up, who was the manager of another nearby tea stall. When he did not return by night, the petitioners with four other local persons went to Khairabari Army Camp around 9 a.m. They reached at the gate of the army camp and requested the sentry on duty to allow them to meet the Major. An a...
Tag this Judgment!Smt. Kangujam Ongbi Thoibi Devi Vs. State of Manipur and ors.
Court: Guwahati
Decided on: May-19-1998
N. Surjamani, J. 1. This case relates to a claim of a mother about the wrongful and illegal detention of her son Shri Kangujam Ojit Singh, aged about 15 years, a student of Class X and custodial death of her said son in the custody of the respondents coupled with a prayer for issuing an appropriate writ or orders of fixing responsibility for the death of her son after arrest and detention in custody and also for a direction to the respondents to pay adequate compensation to the petitioner for the death of her said son Kangujam Ojit Singh in custody.2. According to the writ petition, she is illiterate and an unsophisticated woman and a weaver by occupation. Her husband is a driver of private vehicle belonging to other persons and all her issues namely, Shri K. Oken Singh (24 years), Kumari K. Shushila Devi (21 years), Shri K. Ojit Singh (15 years) and Shri K. Rajesh Singh (11 years) are all students and her second son, the said K. Ojit Singh was born on 1 -3-1982 and was a student of...
Tag this Judgment!National Insurance Co. Ltd. Vs. Haji Abdul Rakib and ors.
Court: Guwahati
Decided on: May-19-1998
V.D. Gyani, Actg. C.J.1. This appeal at the instance of National Insurance Co. Ltd. is directed against the judgment and award dated 8.7.96 passed by the learned Member, Motor Accidents Claims Tribunal, Karimganj in M.A.C. Case No. 12 of 1993 thereby awarding Rs. 3,15,000 as total compensation minus Rs. 25,000 already paid as interim compensation, to be paid within 60 days from the date of award.2. It was on 22.2.1993 around 2 p.m. on National Highway No. 44 while deceased Abdul Rouf, a young boy of 22 years of age was proceeding from Patharkandi to his relation's house in village Tapadarpara on his motor cycle bearing registration No. MZ-01/1885, he was knocked down by the offending vehicle, a mini truck bearing registration No. TR-02-1510 which was on his way to Karimganj from Chiraibari. The vehicle was coming from the opposite direction and dashed against the motor cycle from its front side knocking down Abdul Rouf and the pillion rider, Abdul Haque as a result of which Abdul Rouf...
Tag this Judgment!Kinjinbou Liangmei Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-13-1998
N.S. Singh, J.1. In this writ petition, the petitioner, Mr. Kinjinbou Liangmei made a prayer for issuing an appropriate writ to the respondents directing them to pay compensation to his son, Mr. S. P. Philip, a Class VII student, who had suffered tremendous pains and agony because of the illegal arrest, torture and interrogation during the detention period by the respondents and also to quash the Police Case registered against his son, Mr. S. P. Philip, under FIR Case No. 37 (5) 92 KPI P. S., by contending, inter alia, that his son Mr. S. P. Philip, a promising Class VII student of Diamond English High School, Kangpokpi at the relevant time with good moral character and aged about 13 years at the point of time, was arrested on 7th May, 1992 at about 6.30 p.m. by the 3 Assam Rifles posted at Kangpokpi from Kangpokpi bazar, and he was detained, interrogated and tortured till 11th May, 1992 at the Assam Rifles Camp and that during the period of detention as well as in the course of inter...
Tag this Judgment!Mahadeobari Tea Co. (P) Ltd. Vs. Dy. Cit
Court: Income Tax Appellate Tribunal ITAT Guwahati
Decided on: May-08-1998
This appeal is filed by the assessee against penalty order under section 271(1)(c) of the Income Tax Act, 1961 and the relevant assessment year involved is 1984-85.The brief facts of the case are that the assessee is a private limited company and the previous year relevant to the assessment year 1984-85 ended on 31-3-1984. Return of income was due to be filed on or before 30-7-1984. Ultimately the assessee filed return of income on 25-4-1985.The assessing officer initiated penal proceedings under section 274 read with section 271(1)(c) of the Act, 1961, in reply to which it was stated that extension of time for submission of return of income was prayed for upto 3-12-1984, Due to paucity of fund for payment of tax under section 140A of the Act, return could not be submitted in time.The assessing officer has stated that no such application for extention of time was submitted. He also found that the assessee had sufficient cash in hand, bank, etc. balances amounting to about Rs. 43-1/2 l...
Tag this Judgment!Mahadeobari Tea Co. (P) Ltd. Vs. Deputy Commissioner of Income Tax
Court: Income Tax Appellate Tribunal ITAT Guwahati
Decided on: May-08-1998
1. This appeal is filed by the assessee against penalty order under Section 271(1)(c) of the IT Act, 1961 and the relevant assessment year involved is 1984-85.2. The brief facts of the case are that the assessee is a private limited company and the previous year relevant to the asst. yr. 1984-85 ended on 31st March, 1984. Return of income was due to be filed on or before 30th July, 1984. Ultimately the assessee filed return of income on 25th April, 1985. The AO initiated penal proceedings under Section 274 r/w Section 271(1)(c) of the Act, 1961, in reply to which it was stated that extension of time for submission of return of income was prayed for upto 3rd Dec., 1984, Due to paucity of fund or payment of tax under Section 140A of the Act, return could not be submitted in time. The AO has stated that no such application for extention of time was submitted. He also found that the assessee had sufficient cash in hand, bank, etc. balances amounting to about Rs. 43-1/2 lakhs as on 31st Ma...
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