Guwahati Court June 2000 Judgments
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Purnanarayan Sinha Vs. the Election Commission of India and ors.
Court: Guwahati
Decided on: Jun-07-2000
J.N. Sarma, J. 1. A claim case being MACT Case No. 3 of 1983 was filed before the Member, M.A.C.T., Sonitpur at Tezpur by the present appellant claiming a sum of Rs. 1,40,000/-as compensation for causing injury to him as well as damage to his property in an accident which took place on 27-1-1983. The Learned Tribunal on appreciation of the materials on record came to a finding that the total amount of money available to the claimant is Rs. 22,000/- for damages caused to the car and Rs. 10,000/- for loss, damage etc. with regard to the injury) but while fixing this amount at Rs. 22,000/- the learned Judge came to the finding that the car of the petitioner was also responsible for causing accident. So, for contributory negligence 50% of the money should be reduced and accordingly, an amount of Rs. 11,000/- was awarded with 12% interest from the date of application i.e., 1-2-1983 till realisation. Further, a sum of Rs. 500/- (Rupees Five hundred) was also given as cost.2. This appeal has...
National Insurance Co. Ltd. Vs. Member, Motor Accidents Claims Tribuna ...
Court: Guwahati
Decided on: Jun-06-2000
D.N. Choudhury, J.1. This is an application under Articles 226/227 of the Constitution of India challenging an award passed by the M.A.C.T., Kamrup, Guwahati passed in M.A.C. Case Nos. 128 and 129 of 1996 in the following circumstances:On 18.2.1996 Bhabesh Sarma, Ranu Devi, Usha Devi and Sumitra Devi all went to Nalbari via National Highway No. 31 from Guwahati by an autorickshaw bearing No. 9285 in order to invite their relatives for some rituals. Autorickshaw was driven by Bhabesh Sarma, holding a valid driving licence at a normal speed. The autorickshaw reached Babikura at about 12 noon when the truck bearing No. DL 1G-A 4649 proceeding in the same direction at a high speed and driven in a rash and negligent manner hit the autorickshaw resulting in instantaneous death of all the inmates of the autorickshaw. The husband and the minor son of the deceased Usha Devi filed claim petition claiming compensation of Rs. 9,65,000 as compensation in Case Nos. 128 and 129 of 1996 the father of...
Moirangthem Ramo Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jun-06-2000
1. Heard Mr. B.P. Sahu, learned counsel for the petitioner, Mr. R. S. Reisang, learned Government Advocate for the respondents 1 to 3, and Mr. Ashok Potsangbam, learned Sr. Advocate for the respondent No. 4. 2. The present dispute relates to the promotion post of Scientific Officer in the Department of Science and Technology, Government of Manipur, for which the Departmental Promotion Committee was held on 29.4.2000 3(three) posts of Scientific Officer was requisitioned, out of which, two posts are general, and one post reserved for Scheduled Tribe in terms of 100% roster point reservation policy maintained according to the 'Manipur Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1976.' 3. Contention of the petitioner is that, the post of Scientific Officer is Scientific post, and therefore, it is outside the purview of the reservation of posts for Scheduled Tribe. It may be mentioned herein that the petitioner also belongs to Schedul...
Bhagya Kalita Vs. Central Bureau of Investigation
Court: Guwahati
Decided on: Jun-06-2000
P.G. Agarwal, J.1. Heard Mr. A.K. Bhattacharyya, learned counsel for the petitioner and Mr. D.K. Das, learned P.P. for the CBI.2. This revision is directed against the order dated 30-6-99 passed by the Sessions Judge, Kamrup, Guwahati in Sessions Case No. 9(K) of 1999 whereby the Court framed charges under Section 302, IPC against the accused-petitioner Shri Bhagya Kalita.3. The prosecution allegation is that on the fateful night of 31-7-95 at about 10/15 P.M. Mrs. Karabi Das and her daughter were shot dead in their residence situated at Ambari, Guwahati. The case was initially investigated by Latasil Police Station and thereafter as per the direction of this Court in the writ petition the investigation was handed over to the Central Bureau of Investigation for short 'the CBI'. Further investigation was made and thereafter chargesheet was submitted against the present petitioner Shri Bhagya Kalita, Md. Fatiur Ali and one Bhupen Medhi shown as absconder. Vide the impugned order the lea...
National Insurance Co. Ltd. Vs. Member, Motor Accident Claims Tribunal ...
Court: Guwahati
Decided on: Jun-06-2000
1. This is an application under Article 226/227 of the Constitution of India challenging an award passed by the Motor Accident Claims Tribunal, Kamrup, Guwahati passed in MAC Case No. 128/96 and 129/96 in the following circumstances:2. On 18.2.1996 Bhabesh Sarma, Smti Ranu Devi, Smti Usha Devi and Smti Sumi Devi all went to Nalbari via National Highway No.31 from Guwahati by an Auto-rickshaw bearing No.9285 in order to invite their relatives for some rituals. Auto-rickshaw was driven by Sri Bhabesh Sarma, holding a valid driving licence at a normal speed. The Auto-rickshaw reached Babikura at about 12-00 noon when the truck bearing No. DL 1CA 4649 proceeding in the same direction at a high speed and driven in a rash and negligent manner hit the Auto-rickshaw resulting instantious death of all the innated of the Auto-rickshaw. The husband and the minor son of the deceased Usha Devi filed claim petitioner claiming compensation of Rs. 9,65,000 as compensation in case No. 128/96 and in ca...
Moirangthem Ramo Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jun-06-2000
1. Heard Mr. B.P. Sahu, learned counsel for the petitioner, Mr. R. S. Reisang, learned Government Advocate for the respondents 1 to 3, and Mr. Ashok Potsangbam, learned Sr. Advocate for the respondent No. 4. 2. The present dispute relates to the promotion post of Scientific Officer in the Department of Science and Technology, Government of Manipur, for which the Departmental Promotion Committee was held on 29.4.2000 3(three) posts of Scientific Officer was requisitioned, out of which, two posts are general, and one post reserved for Scheduled Tribe in terms of 100% roster point reservation policy maintained according to the 'Manipur Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1976.' 3. Contention of the petitioner is that, the post of Scientific Officer is Scientific post, and therefore, it is outside the purview of the reservation of posts for Scheduled Tribe. It may be mentioned herein that the petitioner also belongs to Scheduled C...
Monika Hom Roy Vs. Smaran Roy
Court: Guwahati
Decided on: Jun-05-2000
J.N. Sarma, J.1. This appeal has been filed by the wife under Section 28 of the Hindu Marriage Act against the decree of divorce granted by the Trial Court, that is, by the Additional Deputy Commissioner, East Khasi Hills, Shillong in Divorce Misc. Case No. 10(1) of 1993 (Divorce Misc. Case No. 14 of 1991). The present respondent-husband filed an application for divorce under Section 13(1) of the Hindu Marriage Act on the ground of cruelty. The written statement was filed by the wife-defendant and, thereafter, after filing of the written statement another application was filed to amend the plaint/petition and that was allowed. Accordingly, an amended petition was filed. The issues were framed by the Trial Court. The following witnesses were examined on behalf of the parties :(1) Samaran Horn Roy, P.W. 1, (2) P.W. 2 C.K. Rudra, (3) P.W. 3, Soumen Sarkar, (4) P.W. 4 Madhab Dutta, (5) P.W. 5 K.P. Roy, (6) P.W. 6, Ram Babu Rai. The evidence of the P.Ws. was closed. On 18.3.1994, 2 P.Ws. w...
Kuladhar Phukan Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-02-2000
H.K. Sema, J. 1. This writ appeal is directed against the judgment and order dated 6,5.1996 passed by the learned Single Judge in Civil Rule No. 1485/96. 2. We have heard Mr. Ranjan Gogoi, learned Sr. counsel for the appellant as well as Mr. D.P. Chaliha, learned counsel for the respondents 2 and 3. 3. Facts leading to the filing of the present appeal may be summarily recited. Appellant was initially appointed in a substantive post of Assam Judicial Service Grade-III by notification dated 2.7.1977 and he joined the post on 5.7.1977. While the appellant was working as such, the Joint Secretary to the Government of Assam Judicial Department advertised one post of Deputy Secretary in Grade-III of Assam Legal Service under Regulation 3(e) of Assam Public Service Commission (Limitation of Functions) Regulation, 1951 (hereinafter the Regulation). Appellant applied for the said post through proper channel and his application was forwarded by the respondent No.3 without any objection. He ...
National Insurance Co. Ltd. Vs. Manoharan Shill and ors.
Court: Guwahati
Decided on: Jun-02-2000
D.N. Choudhury, J. 1. The reach and extent of the phraseology 'arising out of the use of a motor vehicle' embodied in Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act') is the key question for adjudication in this proceeding under Article 227 of the Constitution of India.2. Arjun Shill (since deceased) along with others boarded the bus bearing No. TR-03-1217 as a passenger from Udaipur to Agartala on 21.1.1999 which had to pass through the places called Bagma and Bishramganj, an extremist infested area and high danger prone zone. The passengers of the bus insisted the driver not to proceed towards Bishramganj without an armed escort. The driver put a deaf ear to the entreaties of the passengers and advanced to Bishramganj. When the vehicle reached a place called Pathaliaghat near Don Bosco School, the extremists intercepted the vehicle and started firing on the passengers. As a result Arjun Shill sustained bullet injuries and succumbed to the injuries. The respondent No...
Kuladhar Phukan Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-02-2000
ORDER BY THE GOVERNOR NOTIFICATION Dated Dispur, the 10th September, 1987. No.LJJ.293/87/5: On the recommendation of the Assam Public Service Commission, the Governor of Assam is pleased to regularise the appointment of Shri Kuladhar Puhukan who was appointed as Deputy Secretary to the Govt. of Assam, Legislative Department under Rule 3(1) of the Assam Public Services (Ad hoc) Appointment Rules, 1986 under this Department Notification No.JDJ.290/77/272 dt. 18.7.1986. Sd/- S.M. Deka.Secretary to the Govt. of Assam, Judicial Department.' 4. On the appellant's service being regularised with effect from 18.7.1986 as Deputy Secretary to the Govt. of Assam, Legislative Department by the aforesaid notification, he was further temporarily promoted to the post of Joint Legal Remembrancer and Joint Secretary to the Government of Assam (Grade-II) by notification dated 19.8.1992 and he joined the post on the same date. However, by notification dated 10th April, 1995 the service of the appellan...
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