Guwahati Court June 1998 Judgments
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Ranu Bala Paul and ors. Vs. Bani Chakraborty Asid ors.
Court: Guwahati
Decided on: Jun-09-1998
J.N. Sarmah, J.1. This appeal has been filed by the claimants. A claim case being Title Suit (MAC) No. 37 of 1995 was filed before the Member, Motor Accidents Claims Tribunal, South Tripura, Udaipur. The case of the claimants was that one Babul Chandra Paul who was travelling in the vehicle met with an accident on 26.4.1995 and the deceased was injured and he was shifted to hospital and there in the hospital he died. An amount of Rs. 50,000 was given under Section 140 of the Motor Vehicles Act by order dated 28.3.1996.2. The vehicle was insured with the Oriental Insurance Co. Ltd. The case of the insurance company was that the deceased sustained injuries due to firing of the extremists and not due to a motor accident and the claim is speculative. The driver of the vehicle did not appear in the case in spite of receipt of notice.3. When the claim under Section 140 of the Motor Vehicles Act was being enquired by the Tribunal, there was one F.I.R. before the Tribunal and a certificate i...
Notle Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-05-1998
V.D. Gyani, Actg. C.J. and N.C. Jain, J.1. By this petition presented on 26.4.96, the petitioner Node, wife of Bu-0 Angami, complained of illegal and wrongful detention of her husband Bu-0 Angami by the Security Forces (29th Bn. Assam Rifles) and prayed for a writ of Habeas Corpus. The above named detenu, the petitioner's husband, was arrested on 18.4.1996 around 11.30 p.m. and taken away from his house situated in Chhota Basti of Kohima town in a blind folded manner without assigning reason or disclosing his ground of arrest. The house was also searched, but nothing incriminating was found. On 19th morning the matter was reported to the Deputy Commissioner, Kohima as also to the Officer-in-charge, Police Station, Kohima, praying for tracing out the detenu, but till filing of the writ petition he was not traced. He was neither produced before any Magistrate nor was handed over to nearest police station as contemplated under Section 5 of the Armed Forces (Special Powers) Act, 1958. The...
State of Tripura and ors. Vs. Swapan Debnath
Court: Guwahati
Decided on: Jun-04-1998
J.N. Sarma, J. 1. This Writ Appeal has been filed against the Judgment dated December 7, 1994 passed by the single Judge of this Court in Civil Rule No. 401 of 1994. By the impugned Judgment the learned single Judge quashed the order of termination and/or order of removal and directed the respondents to take the petitioner/appellant in service forthwith. Certain other directions were given regarding payment of arrear salary etc. We are not concerned with them.2. We have heard Shri Sinha, learned Advocate for the appellant and Shri Kar Bhowmik, learned Advocate for the Respondents.3. Before we go to the Judgment let us have a look at the order/Judgment passed by the authority, that is, Annexure - 2 to the Writ Application, that is, quoted below :-Annexure -2 Sub:- Discipline. 1. You have been interviewed by your instructor, Coy Comdr. a number of times for your undisciplined conduct. You have been advised from time to time to show definite improvement on your conduct as well as perfor...
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