Guwahati Court April 2000 Judgments
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Ashok Kumar Agarwala and ors. Vs. Baljit Singh
Court: Guwahati
Decided on: Apr-11-2000
P.G. Agarwal, J.1. Heard Mr. R.L. Yadav, learned counsel for the petitioners and Mr. J.M. Choudhury, learned counsel for the respondent.2. The facts in brief are that on an application filed by the respondent 1st party, a proceeding under Section 144, Cr.P.C., was drawn up in respect of a plot of land measuring 1K-13L out of 14K-10L covered by Dag No. 1211 of Patta No. 48 situated at Lanka Town under Mauza Lanka and bounded by North-P.W.D. Road, South-Heirs of Dinesh Dutta, East-Noorjahan Hotel and land of Late Rajendra, West-Bhawgatilal Agarwal, hereinafter referred as the D/L. The said proceeding under Section 144, Cr PC was converted to a proceeding under Section 145, CrPC and the D/L was attached, by a common order dated 1-2-92. Therefore on 19-2-92 the respondent 1st party informed the Court that he has instituted a civil suit in respect of the D/L. Learned Executive Magistrate thereafter vide impugned order dated 19-2-92 dropped the proceeding under Section 145, Cr PC. The petit...
Deba Barua Vs. State of Assam
Court: Guwahati
Decided on: Apr-07-2000
M.L. Singhal, J. 1. At the very outset, it has been pointed out by the learned counsel for the revisionist that the accused revisionist Sri Deba Barua died during the pendency of the revision. The provisions of abatement of the appeal do not apply to the criminal revision, as the conviction of the revisionist may affect the right of the family members of the deceased to receive the family pension, so, the disposal of this revision on merit is necessary. 2. I have heard Mr. K. Agarwal, learned councel for the revisionist as well as Mr. D.P. Saikia, learned counsel for the State. 3. While investigating the Koliabor PS case No. 161/88 under Section 51(1) of Wild Life Protection Act, 1972 (for short, 'the Act') read with Section 379 IPC on receiving a secret information that a stolen Rhino horn had been consealed by the accused-revisionist, the Police raided the house of the revisionist Daba Barua and in the search they recovered a large number of arms and ammunitions. After observing nec...
Smt. Milan Rani Saha Vs. New India Assurance Company Ltd., Agartala an ...
Court: Guwahati
Decided on: Apr-06-2000
Chowdhury, J. 1. The matter has come to this Court on a reference made under Chapter VII of the Gauhati High Court Rules, basically to resolve the views expressed by two Division Benches of this Court relating to judicial review under Articles 226 and 227 of the Constitution of India pertaining to adjudication upon claims for compensation in respect of adjudication under Chapter XII of the Motor Vehicle Act, 1988. The two conflicting views mentioned above which shall be discussed hereinbelow, have surfaced in the following circumstances. 2. A Full Bench of this Court in United India Insurance Co. Ltd. v. Member, Motor Accident Claims Tribunal, Lakhimpur reported In (1992) 2 Gauhati L. R. 391, (AIR 1993 Gauhati 28), was called upon to reconsider a Division Bench decision of this Court In Hemendra Dutta Choudhury v. Arun Kumar Bordoloi, reported in (1987) 2 Gauhati LR 450. In Hemendra Dutta Choudhury (supra), the Division Bench of this Court was to consider the maintainability of a joi...
Smt. D. Devi Bhati Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Apr-05-2000
J.N. Sarma, J.1. This appeal has been filed by the claimant against the award dated 3.2.1992 passed by Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MACT Case No. 4/83. Two cases were taken up together for hearing, i.e. (i) MACT Case No. 4/83, and (ii) MACT Case No. 6/83. The brief facts are as follows:2. An accident took place on 5.10.1982 at about 7 p.m. at Dipota on the National Highway as a result of which it is claimed that the claimant Smt. Dhankenwari Devi Bhati being a passenger of Matador van a claimant in MACT Case No. 4/83, and the driver of the said van Shri Arjun Singh a claimant in the MACT Case No. 6 of 1983 sustained injuries on their persons. The present claim petition was filed on 9.3.1983. In the claim petition, it is stated inter alia as follows:Column 11, the nature of injury sustained: Grievous head injury, and an amount of Rs. 1,20,000/- was claimed as compensation out of which Rs. 20,000/- was claimed for treatment and Rs. 1,00,000/- was claimed ...
Assam State Electricity Board and ors. Vs. North Western Cachar Tea Co ...
Court: Guwahati
Decided on: Apr-04-2000
J.N. Sarma, J. 1. This appeal has been filed against the order dt. 6-7-94 passed by the Learned Asstt. District Judge No. 1 at Silchar in Mise. (J) Case No. 50/94 arising out of a T. S. No. 61/94. 2. The plaintiff is a company and it has a tea Garden at Cachar in the name and style of M/s. Silcoorie Tea Estate. The Tea Company enjoyed the electricity from the ASEB. The suit was filed on 23-6-94 for the declaration that the Bills which were raised by the ASEB as mentioned in prayer No. A to E of the plaint and for a further declaration that the disconnection notice dt. 6-6-94 issued by the ASEB is arbitrary, illegal and mala fide. There was also a prayer for mandatory and temporary injunction. That prayer is quoted below : 'For mandatory injunction directing the defendants, their officers, servants to reconnect/restore immediately the electricity supply at Silcoorie T. E. inclusive of the factory of Silcooria T. E. and for permanent and temporary injunction restraining the defendants,...
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