Guwahati Court February 2000 Judgments
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Krishnapada Roy Alias Saha and anr. Vs. Parimal Chandra Saha and anr.
Court: Guwahati
Decided on: Feb-18-2000
M.L. Singhal, J. 1. This second appeal has arisen out of the judgment and decree dated 30-3-1999 passed by Shri R. K. Ghosh, learned the then Addl. District Judge, WestTripura, Agartala dismissing the appeal of the defendant-appellants.2. I have heard Mr. B. Das, learned counsel for the appellant as well as Mr. B. B. Deb, learned counsel for the respondents,3. The plaintiffs father and Smt. Raj Rani Roy, defendant No. 10 had the share in the disputed land situated at Bishalgarh, West Tripura district. Smt. Raj Rani Roy, defendant No. 10 herself and on behalf of the defendant Nos. 2 to 9 transferred the suit property to defendant Nos. 1 and 2 Sri Krishnapada Roy and Smt. Reba Roy on 3-7-1990, it is alleged that the transferee were the tenants in occupation of the property from before. The sale deed was executed at Calcutta under the provisions of Section 28 of the Registration Act. Subsequently, the said property was again transferred by the defendant Nos. 1 to 10 to plaintiff on 5-9...
United Bank of India and anr. Vs. Promode Ranjan Das
Court: Guwahati
Decided on: Feb-17-2000
H.K.K. Singh, J. 1. This writ appeal is against the judgment and order dated November 24, 1995 passed by the learned single Judge in Civil Rule No. 127 of 1989. 2. Mr. D.R. Chowdhury, the learned counsel for the appellants has submitted for reconsidering the judgment and order passed by the learned single Judge stating, inter alia, that the learned single Judge while exercising the power of jurisdiction under Article 226 of the Constitution has gone beyond the accepted field within which the power of judicial review has to be exercised. 3. The admitted facts are that the respondent is a sub-staff i.e. Class-IV employee of United Bank of India, Teliamura Branch. On February 4, 1986 the respondent, while on leave, came to the said Branch of the Bank for withdrawal of his salary. As full salary for the month of January, 1986 had not been credited to his Account, he could not withdraw the full salary. Then he met the Branch Manager of the said branch of the Bank and demanded payment of h...
Oriental Insurance Co. Ltd. Vs. Malati Devi and ors.
Court: Guwahati
Decided on: Feb-17-2000
A.K. Patnaik, J. 1. This is an appeal under Clause-15 of the Letters Patent Appeal against the judgment dated December 7, 1998 of the learned single Judge of this Court in MA(F)No. 287 of 1997.2. The facts briefly are that the respondent No. 1, Smt. Malati Devi, filed WC Case No. 29/93 against the appellant and the respondent No. 2, Shri Pawan Kumar Agarwal, claiming compensation under the Workmen's Compensation Act, for the death of her husband late Lakhindar Singh and in the judgment and award dated October 4, 1997, the Commissioner for Workmen's Compensation, Kamrup, Guwahati, held, inter alia, that late Lakhindar Singh died on July 22, 1992 in an accident in course of his employment under the respondent No. 2, Shri Pawan Kumar Agarwal, while driving the Truck No. AMK3271 which was insured with the appellant-Insurance Company and awarded compensation of Rs. 1,97,060.00 in favour of the respondent No. 1 calculated in accordance with the provisions of the Workmen's Compensation Act,...
Minu Mai Devi Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Feb-15-2000
Brijesh Kumar, C.J.1. This appeal is preferred under Section 23 of the Railway Claims Tribunal Act 1987, against the judgment and order dated 13.8.1999, passed by the Railway Claims Tribunal, Guwa-hati Bench, dismissing the Application No. 1 of 1998 preferred by the appellant for award of compensation on account of death of her husband Bhuben Nath, Constable No. 184 of Hojai G.R.P. Outpost.2. We have heard Mr. D.C. Kath Haza-rika, learned Counsel for the appellant and Mr. B.K. Sharma, learned Counsel for the respondent.3. The brief facts which do not seem to be in dispute are that the husband of the appellant, Bhuben Nath was Constable No. 184 in the G.R.P., posted at Outpost Hojai. On the fateful day, he was detailed for duty to check suspicious luggage of passengers at Hojai Railway Station and in connection thereof a Command Certificate was issued to him on 2.1.98. At about 9.15 p.m. when the Inter-City Express arrived at Hojai Railway Station, he fell down from the train due to he...
Awanish Kumar Trivedi and Etc. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Feb-11-2000
A.K. Patnaik, J. 1. In these two writ petitions under Article 226 of the Constitution of India, the petitioners have challenged the nomination of private respondent-Sri Pritam Chattarjee, for a seat in the MBBS course by the State of Arunachal Pradesh. 2. The case of the petitioner in W.P. (C)No. 3469/99 is that he is the son of a Central Government servant who is working as Executive Engineer (GREF) at Tengabari in Arunachal Pradesh in the district of Kameng since January, 1997. He took the Joint Entrance Examination, 1999, for admission to the MBBS course conducted by the Directorate of Higher Education, Arunachal Pradesh and stood first in the merit list of candidates for Category III. But the State of Arunachal Pradesh nominated the respondent No. 4 Sri Pritam Chakravorty, for the sole seat in MBBS course. The petitioner, therefore, has prayed for a direction on the respondents to allow his admission in the MBBS course. 3. The case of the petitioner in W.P. (C) No. 3463/99 is th...
R.K. Madhuryyajit and anr. Vs. Takhellambam Abung Singh and anr.
Court: Guwahati
Decided on: Feb-11-2000
D.N. Chowdhury, J. 1. This is a plaintiffs' appeal challenging the judgment and decree of the learned Addl. District Judge dismissing the suit of the plaintiffs. The relevant facts necessary for adjudication of this appeal, are stated briefly hereinbelow:2. The suit was instituted by the plaintiff No. 1, Shri RK Madhuryyajit Singh, as a Shebait on his behalf and also on behalf of Shri Mahaprabhu, a Hindu Vaishnava deity installed at Janmesthan, Moirangkhom, Imphal (Plaintiff No. 2) for declaration of right, title and interest of the plaintiff No. 2 over the suit land and the plaintiff No. 1 as its Shebait and that the plaintiffs have absolute right of possession and enjoyment over the suit land without any hindrance from the defendants and their privies, agents; a decree for perpetual injunction and also a decree for recovery of damages and compensation from the defendants for the interference and disturbance caused by them. As per the pleadings of the parties, they and their predeces...
Hemoram Saikia Vs. Loboram Saikia
Court: Guwahati
Decided on: Feb-11-2000
J.N. Sarma, J. 1. The following are the substantial questions of law: (i) Whether the suit is barred under Order 23 of the CPC in view of the compromise made in 31.7.1975 in T.S. No. 35/74 (ii) Whether the Doctrine of Estoppel is applicable in the facts and circumstances of the case 2. This is an appeal by the defendant. The plaintiff brought a suit for declaration of title and recovery of has possession with regard to 3B.1K.7L of land in the court of Learned Munsiff at Jorhat and that was registered as F.S. No. 21/87. There was also a claim for mesne profit for an amount of Rs. 2700. The case of the plaintiff was that earlier the plaintiff filed a Title Suit being Title Suit No. 35/74 before the Learned Munsiff at Jorhat with regard to 6B.1K.7L of land and that suit was compromised between the plaintiff and the defendant No. 1 and in terms of the compromise decree the defendant No. 1 agreed to give up the possession of 3B.IK.7L of land retaining 3B of land of the southern side. I...
United India Insurance Co. Ltd. Vs. Ralagamthanga and anr.
Court: Guwahati
Decided on: Feb-09-2000
M.L. Singhal, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (in short 'M.V. Act') preferred by the appellant insurance company against the award dated 20.8.1996 passed by the Motor Accidents Claims Tribunal, Aizawl in MACT Case No. 75 of 1993.2. The claimant's brother's son was employed by the respondent No. 2 to supervise his stone quarry works at South Himen and died while on duty and while travelling as a workman. The claimant preferred a claim petition under Section 166 of the Motor Vehicles Act, 1988 and the learned Motor Accidents Claims Tribunal, Aizawl by award dated 20.8.1996 decreed the claim petition and awarded a sum of Rs. 2,65,644. Aggrieved with the said award, the appellant, United India Insurance Co. Ltd. with whom the vehicle was insured has preferred this appeal.3. In the judgment, the learned Member, Motor Accidents Claims Tribunal, Aizawl, made the following observation: Although the Aizawl P.S. police had registered a criminal case vide...
Bijaya Nanda Choudhury Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-09-2000
Brijesh Kumar, C.J. 1. This petition in the public interest has been preferred by Sri Bijaya Nanda Choudhury who appears In person. 2. The grievance which has been raised in the petition is about the unauthorised use of red light on the cars by many persons who are not entitled for the same under any of the notifications issued under the provisions of Motor Vehicles Act. Similar grievance, the petitioner, has also raised during the course of argument, about the use of siren. Yet another grievance which has been raised is that due to movement of VIPs other traffic is stopped causing inconvenience to the general public. 3. An affidavit-in-opposition has been filed by the State. 4. We have heard the petitioner in person and Sri B.C. Das, learned State-counsel appearing for the respondents. 5. So far it relates to use of red light, different notifications issued by the competent authorities for use of red light have been annexed along with the affidavit-in-opposition. A list of those wh...
Sh. Tombisana Devi and ors. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Feb-04-2000
D. Biswas, J.1. By this common judgment, I propose to dispose of Civil Rule No. 492 of 1998. Civil Rule No. 495 of 1998, Civil Rule No. 497 of 1998 and Civil Rule No. 498 of 1998 as common question of law and facts are involved in these petitions.2. Before embarking on a discussion on merit, it is necessary to have a look into the facts which have eventually driven the petitioners to move this Court to vindicate their grievance.3. The petitioners in Civil Rule No. 492 of 1998 were appointed as Physical Instructors, presently redesignated as Lecturer in Physical Education, on adhoc basis and they joined their respective posts on 1.1.1981 and 28.2.1981 in two different colleges. Similarly the petitioners No. 1, 2 and 3 of Civil Rule No. 495 of 1998 were appointed in different Colleges with effect from 16.7.1979, 27.8.1979 and 22.8.1979. The lone petitioner in Civil Rule No. 497 of 1998 were appointed as Librarian with effect from 27.8.1979 and the writ petitioner of Civil Rule No. 498 o...
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