Guwahati Court June 2000 Judgments

Jamini Kumar Bhattacharjee Vs. the State of Tripura and ors.

Court: Guwahati

D. Biswas, J. 1. This Second Appeal is directed against the Judgment and Decree dated 10th April, 1996 passed by the Learned District Judge, West Tripura, Agartala whereby Title Appeal No. 55 of 1995 preferred by the appellant was dismissed.2. The appellant Shri Jamini Kumar Bhattacharjee instituted Title Suit No. 154 of 1989 in the Court of Sadar Munsiff, Agartala for declaration of possessory right, confirmation of possession and permanent injunction in respect of a plot of land measuring 0.99 acres pertaining to the Rent Free Taluk No. 3. The learned Munsiff dismissed the suit on contest. Being aggrieved thereby, the appellant had preferred Title Appeal No. 55 of 1995 which came to be dismissed on 17th April, 1996. Hence, this appeal.3. This appeal was admitted by this Court by order dated 5-2-1997 for adjudication of the following questions of law : (1) Whether the first appellate Court was right in holding that the suit was barred under Sub-section (4) of Section 11 of the Tripur...

T. Phungzathang Vs. Hangkhanlian and ors.

Court: Guwahati

Reported in: AIR2001Gau52

1. The petitioner in Election Petition No. 1 of 2000 was a candidate for the 48-Churachandpur Assembly Constituency in the 7th Manipur Legislative Assembly Election. In the said election, respondent No. 1 was declared elected from the said constituency on 26.2.2k. Respondents No. 2 and 3 were also the candidates for the said constituency in the said election. Respondent No. 5 is the Chief Electoral Officer, State of Manipur, And Respondent No. 6 was the Returning Officer for the Churachandpur Assembly Constituency. Respondents No. 7 to 10 were the Presiding Officers of different polling stations in the said Constituency. In the Election Petition, the case of the petitioner is that the respondent No. 1 and his agents/men committed various corrupt practices within the meaning of section 123 of the Representation of People Act, 1951, (for short, 'the RPA, 1951') as narrated in the Election Petition and that the election of the respondent No. 1 was liable to be declared void under section ...

Kumari Angom Sarjubala Devi Vs. Manipur Public Service Commission and ...

Court: Guwahati

1. Heard Mr. Ch. Joychandra Singh, learned counsel for the petitioner, Heard also Mr. A. Jagatchandra Singh, learned Addl. G.A. as well as Mr. Kh. Nimaichand Singh, learned Addl. G.A. appearing for respondents in WP (C) No. 716/2000 represented by Mr. L. Sharat Sharina, learned counsel 2. Advertisement dated 21st November, 1998 was issued calling for applications for the purpose of recruitment to various posts of lecturer in various disciplines/subjects including one post of Environmental Science. The last date for submission of applications was 11.12.1998. The writ petitioner, Km. A. Sarjubala Devi, submitted application. It may, however, be stated that at the relevant time, she did not possess eligibility conditions inasmuch as she had not passed NET test. Though submission of application was closed as early as in December, 1998., tests/interviews were held only from 15th May, 2000 to 15th June, 2000. As none having requisite qualification submitted application for the subject 'En...

Anowara Begum and ors. Vs. United India Insurance Co. Ltd. and ors.

Court: Guwahati

J.N. Sarma, J. 1. This appeal has been filed against the judgment and award dated 30.5.1996 passed by the Member, Motor Accidents Claims Tribunal, Sonitpur at Tezpur in the M.A.C. Case No. 4 of 1992. By the impugned award a total amount of Rs. 50,000 was awarded and the opposite party No. 2 Md. Ali Hazarika was directed to pay the awarded amount of Rs. 50,000 with 12 per cent interest per annum from the date of the claim petition till realisation.2. The brief facts are as follows: On 30.8.91 at about 12 a.m. the claimant Md. Ibrahim Ali (now dead and substituted by heirs) parked his scooter in front of a 'pan' shop. Meanwhile a vehicle suddenly came from Tezpur side with passengers. The vehicle was driven in a most rash and negligent manner at an exceedingly high speed and while it reached near Panchmile Tiniali at the turning point, the driver of the vehicle could not control the bus and it capsized causing several grievous and multiple injuries to the claimant and to the passengers ...

State of Tripura and anr. Vs. Gopi Kanta Dey

Court: Guwahati

H.K. Sema, J. 1. We have heard Mr. U.B. Saha, learned Government advocate assisted by Mr. A. Ghosh, learned advocate for the appellants. We have also heard Mr. K..N. Bhattachjaree, learned senior counsel for the respondent/claimant. 2. This appeal is preferred by the State against the judgment and award dated June 7, 1996 passed by the learned Member, Motor Accident Claims Tribunal. West Tripura. Agartala in MAC case No. T.S. (MAC) 29/1993 whereby the learned Tribunal awarded an amount of Rs. 3,000 per month for future treatment for a period of seven years amounting to Rs. 2,52,000 adding another sum of Rs. 12,000 towards mental shock and physical sufferings and Rs. 40,000 as the cost of treatment already incurred. Learned Tribunal also ordered interest for the whole amount @ 12 per cent per annum from the date of filing of the claim petition on March 4, 1993 till payment is made. 3. The basic facts may be noted. The claimant was holding the post of Joint Director in the Directorate ...

Swadesh Chandra Dutta and anr. Vs. the State Bank of India

Court: Guwahati

Sema, J. 1. This appeal is directed against the judgment and decree dated 16-3-93 passed by the Assistant District Judge, West Tripura district in T.S. No. 89 (Mort.)of 1989.2. We have heard Mr. K.N. Bhattacharjee, learned senior counsel assisted by Mr. R. Debnath, learned counsel for the appellants as well as Mr. S. Deb, learned senior counsel along with Mr. S.N. Bannerjee, learned counsel for the respondent-Bank.3. The undisputed facts are that the appellant No. 1 (defendant No. 1) approached the plaintiff-respondent for Bank loan of Rs. 1,44,900/- for purchasing a TATA chassis. The loan was sanctioned on 9-5-81. Before securing the loan, the defendant No. 1 also executed a deed of agreement for medium term loan and also executed some valuable documents in favour of the plaintiff. The defendant No. 2 stood as a guarantor and deposited her title deed in favour of the plaintiff by creating equitable mortgage. In the agreement it was stipulated that the amount shall be repaid by 40 i...

Kamakhya Prasad Agarwalla Vs. Pradeep Kumar Yadav

Court: Guwahati

1. This petition under Rule 36-A of the Rules for Administration of Justice and Police as applicable in the State of Meghalaya read with Article 227 of the Constitution has been directed the order dated 15.10.1999 passed by the learned Addl. Deputy Commissioner (Judl), Shillong, in Title Civil Appeal No. 1(T) 1998. 2. The learned Addl. Deputy Commissioner (Judl.), by the impugned order dated 15.10.99, passed in Title Civil Appeal No. 1 of 1998 set aside the judgment and decree of eviction of the defendant to the extent that the defendant who was dispossessed, the restored back to possession of the suit premises measuring 6' 2' x 3' 8' within a period of 3(three) months. It is pertinent to mention here that the said order of the learned first appellate court was put into execution and the defendant-tenant who was earlier evicted in execution of the judgment and decree of the learned trial court was put back into possession. 3. Before we examine the legality and validity of the impugne...

Commissioner of Income-tax Vs. Mech Technik India (P.) Ltd.

Court: Guwahati

Brijesh Kumar, C.J. 1. The Income-tax Appellate Tribunal, Guwahati. Bench, Guwahati, by order dated April 22, 1998, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961, arising out of the Tribunal's order dated March 14, 1997. 'Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in allowing' depreciation as per rate applicable in income-tax while computing the assessee's income under Section 115J of the Income-tax Act, 1961 ?' 2. We have heard Shri K. P. Sharma, learned counsel appearing' for the Revenue. None puts in appearance on behalf of the respondent-assessee. 3. The matter pertains to the assessment year 1989-90. The reference is at the instance of the Revenue. The question which fell for consideration of the authorities relates to setting off the amount of loss against the profit after taking into account the amount of depreciation under Section 115J of the Income-tax Act. Aggrieved by the order p...

Nitya Gopal Paul and ors. Vs. State of Tripura

Court: Guwahati

H.K.K. Singh, J. 1. This Criminal Revision under Section 397 read with Section 401 of Cr.P.C. is against the judgment and order dated 15-5-95 passed by the learned Sessions Judge, North Tripura, Kailashshar in Criminal Appeal No. 6(3)/94 thereby affirming the conviction and sentences passed by the learned S. D. J. M., Dharmanagar, North Tripura in G. R. Case No. 594/90 for the offences under Section 148 of IPC and sentencing the petitioners to undergo R.I. for one year with a fine of Rs. 1,000/- each and under Section 326 read with Section 149 of IPC and sentencing them 3 years R.I. with fine of Rs. 3,000/- each.2. The case of the prosecution, in brief is that on 9-9-90 in the morning, some villagers of Raghna village, numbering about 30 or 40 under the leadership of accused Sanat Kumar Paul came to the house of Ramgopal alias Dendu Singh. They surrounded the house from all sides and some of them entered into the house and dragged out Dendu Singh in presence of his mother and others a...

Zingsuokim Zate Vs. State of Manipur and ors.

Court: Guwahati

1. In this writ petition the writ petitioner Smti. Zinguskim Zate made a prayer for quashing the impugned order dated 19th January, 1999 appointing the respondent Nos. 3 and 4 to the post of Head Clerk and Accountant on promotion respectively as in Annexure - A/6 and A7 to the writ petition under the respondents Department coupled with a prayer for a direction to the respondents to pay/release the arreare pay and allowances to the petitioner for the post of U.D.C. for the period from 1.12.1987 to 30.5.1992 with interest thereon by contending inter alia, that the petitioner is a member of Scheduled Tribe community of the State of Manipur ; and that being the position, the petitioner is entitled for her appointment on promotion either to the post of Head Clerk or Accountant by virtue of the related Government office memorandum dated 1.1.1992 whereby it was stated that the office memorandum-dated 29th April, 1975 and 25th April, 1989 issued by the Department of Personnel and Administrat...