Guwahati Court September 2000 Judgments
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Paramesh Sarmah and ors. Vs. Islam Ali and ors.
Court: Guwahati
Decided on: Sep-29-2000
J.N. Sarma, J. 1. This Second Appeal has been filed by the plaintiffs. The plaintiffs brought a suit being Title Suit No. 21 of 1989 in the Court of the Munsiff No. 1, Nalbari. The suit was dismissed by the Trial Court, There was an appeal being Title Appeal No. 12/90 and the learned Judge by Judgment dated 7.11.1990 dismissed the appeal and affirmed the Judgment of the learned Munsiff. Hence this Second Appeal.2. The following are the substantial questions of law :'(1) whether the Judgments of the learned courts below were vitiated by non-consideration of the relevant documents Exhibits- 2, 3, 4, 6(1) to (14) ?(2) Whether the learned Courts below could have excluded Exhibit-1 from consideration on the ground that the witnesses in respect of the said sale deed were not examined in view of the provisions of Section 90 of the Evidence Act ?(3) Whether the oral evidence at all could be allowed to contradict a written document Exhibit-1 in view of the bar Under Section 92 of the Evidence ...
Gujarat State Road Transport Corporation Vs. Kirankumar Manilal Kanaba ...
Court: Guwahati
Decided on: Sep-28-2000
J.N. Bhatt, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the new Act') the challenge is against the interim order of compensation in a case of fatal vehicular injury. Motor Accident Claims Tribunal (Main), Rajkot, has passed order below Exh. 7 in. M.A.C. Case No. 1909 of 1999 whereby the interim compensation of Rs. 50,000/- is awarded against the appellant stating that there is a prima facie case. The impugned order came to be recorded on 28.2.2000 which is challenged before us.2. In the new Act in Chapter X provisions have been incorporated for liability without fault in certain cases. Section 140 empowers the Tribunal to award an amount of compensation to the extent of Rs. 50,000/- in case of fatal injury and Rs. 25,000/ in case of permanent disablement to any person on the principle of 'no fault'. The Tribunal finds that if there is prima facie evidence of involvement of a vehicle, it is authorised to award interim compensation....
Ahmedabad Municipal Transport Service Vs. Hansaben Natwarlal Dabgar an ...
Court: Guwahati
Decided on: Sep-28-2000
J.N. Bhatt, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), the appellant Ahmedabad Municipal Transport Services (AMTC for short) original opponent No. 3 in M.A.C.P. No. 366 of 1992 has challenged the amount of Rs. 3,50,000/- awarded by the Motor Accident Claims Tribunal (Aux,), Ahmedabad, for personal injuries sustained by respondent No. 1, original claimant, inter alia, contending that the amount of compensation is excessive and the main responsibility was on the part of the driver of the autorickshaw.2. The original claimant claimed an amount of Rs. 4,03,000/- on account of serious injuries and permanent partial disablement. She is one of the seriously injured claimants on account of road accident which occurred on 15.9.1991. Two vehicles were involved in the accident. One of them was AMTS bus bearing registration No. GQE 8002 belonging to the appellant and the autorickshaw. The contention of the original claimant was th...
Sudhir Trivedi Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Sep-27-2000
J.N. Sarma, J. 1. CR 662/97 has been filed for a direction for restoration of seniority of the petitioner as Divisional Manager in Arunchal Pradesh Forest Corporation Ltd. (hereinafter called 'APFC Ltd.') by necessary revision/amendment of the provisional gradation list issued on 14.5.1995 wherein the petitioner has been shown at SI. No. 3 in place of SI. No. 2 showing one of his junior Nababrata Bhattacharjee (Respondent No. 5) in SI. No. 1, which is claimed to be unwarranted and unjustified supersession of the petitioner in service. 2. CR 667/97 has been filed claiming restoration of seniority of the petitioner as Divisional Manager in APFC Ltd. by necessary revision/ amendment of the provisional gradation list dated 14.5.1995 wherein the petitioner has been shown at SI. No. 4 in place of SI. No. 3 showing one of his junior Nababrata Bhattacharjee (Respondent No. 5) at SI. No. 1 thereby pushing him down by one position, i.e., from position No. 3 to position No. 4 which is claimed ...
Oriental Insurance Co. Ltd. Vs. Ganeshlal Nathuji Chaudhary and ors.
Court: Guwahati
Decided on: Sep-26-2000
J.N. Bhatt, J.1. In this group of 25 appeals, under Section 173 of the Motor Vehiclts Act, 1988 (hereinafter referred to as 'the new Act'), the appellant original opponent No. 3, the Oriental Insurance Company Ltd. insurer has challenged the legality and validity of the common judgment rendered by Motor Accident Claims Tribunal, Morbi of Rajkot District, recorded on 13.1.2000, whereby 18 injured persons and legal heirs and representatives of 7 deceased victims of road accident came to be awarded compensation of different amounts in different petitions holding that the driver of a motor truck GQA 5644 was rash and negligent and responsible for the accident and owner of the truck is, vicariously, liable and the insurer is bound to indemnify the insured owner of the vehicle with interest and cost in view of the insurance policy at Exh. 165 and the provisions of the Act.2. There were 25 claim petitions. Seven persons sustained fatal injuries in the accident. The legal heirs and representa...
Keshrichand Jaisukhlal Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Sep-26-2000
D. Biswas, J. 1. By this judgment and order, both the references made under Section 256(2) of the Income-tax Act, 1961, hereinafter referred to as (the 'Act'), are being disposed of. 2. The identical questions to be answered are as follows : '(i) Whether, on the facts and in the circumstances of the case, the finding of the Tribunal partly sustaining the additions made by the Income-tax Officer in the broom account and the rapeseed oil account is supported by any material and is perverse (ii) Whether, on the facts and circumstances of the case, the Tribunal was justified in sustaining the order of the Income-tax Officer disallowing part of interest on borrowings ?' 3. We have heard Mr. R. Gogoi, learned senior counsel assisted by Mr. R.K. Joshi, advocate, for the applicant, and Mr. U. Bhuyan, learned standing counsel for the Revenue. 4. In both the references, the Assessing Officer made addition of Rs. 72,669 and Rs. 30,862 in respect of broom account on the ground that the book...
Subodh Sarma and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-26-2000
D. Biswas, J. 1. This Public interest Litigation has been registered at the instance of the petitioners, namely Shri Soubodh Sarma - a Consulting Engineer by profession and Smt. Sabita Goswami - a Journalist. The miserable plight of a women namely Smti Jahanbi Goswami Sharma, wife of and AIDS patient have prompted them to file this petition to espouse the cause of those who are infected or suspected to have been infected by HIV or AIDS, and the members of their family. 2. Before we advert to the problems raised in the writ petition, it would be of great assistance to know before hand what is HIV, how it is spread, how to detect it and the treatment to be given. All humans, fortunately, have a natural defence system against diseases caused by foreign organisms, i.e. the immune system, consisting inter alia of the white cells, including T-helper cells, (also know as the CD 4 cells) in the blood as well as the lymphatic systems. The immune system recognises the foreign organisms, techni...
S.K. Agarwala Vs. Union of India and ors.
Court: Guwahati
Decided on: Sep-26-2000
1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 with a prayer for appointment of Arbitrator. 2. Heard Shri R. Hussian, learned counsel for the petitioner and Shre B.K. Sarma, learned counsel appearing for the Railways. 3. According to the petitioner, the respondent Railways accepted the tender of the petitioner for construction of sub-structure of major bridges and road under bridge near Dudhnoi. The approximate value of the work was Rs. 1,15,45,600. The work was to be completed in 14 months. The acceptance of the tender of the petitioner was conveyed through letter date 6-2-1996. Agreement between the parties was executed on March 20, 1996. A copy of the agreement has also been annexed as Annexure-II to the petition. The agreement was also to be governed by general conditions of contract land specifications of the Railways which contains an arbitration clause as well for settlement of disputes. According to the petitioner, on acceptance of th...
Nani Gopal Bhattacharjee Vs. S. Choudhury and ors.
Court: Guwahati
Decided on: Sep-26-2000
1. This petition under section 482 of the Code of Criminal Procedure is directed against the order passed by the learned Judicial magistrate 1st Class, Agartala, West Tripura on 13.10.1999 in Case No. C.R. 312 of 1990. 2. The fact, relevant for the purpose of deciding the matter in issue, in short, is that a criminal proceeding was launched against the Tripura Jute Mills Ltd. and the present petitioner, Shri Nani Gopal Bhattacharjee, who was serving as Managing Director of the said Jute Mill at the relevant time, for commission of offence under sections 6 and 14 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 alleging, interalia that the accused persons have failed to pay the employees' contributions to the Provident Fund. After closure of the prosecution evidence, the present petitioner filed an application claiming protection under section 197 CrPC on the ground that he being a public servant under section 21 of the I.P.C., the court should not have taken co...
Bhanu Choudhury Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Sep-26-2000
Brijesh Kumar, C.J. 1. This petition has been preferred challenging the vires of the Mizoram (Selection of Candidates for Higher Technical Courses) Rules, 1993, published on 6.7.1993 in the Mizoram Gazette Extraordinary. 2. We have heard Shri N.M. Lahiri, learned Senior Advocate for the petitioner and Shri M. Singh, learned Govt. Advocate for the State of Mizoram. Shri K.K. Mahanta has been heard for Central Government. 3. In view of the fact that facilities for higher technical studies in the State of Mizoram are not available, the Central Government made provision for allotment of seats for the State in different institutions of India for higher and technical education. The Notification dated 6.7.1993 notifying the rules states by way of preamble as follows : 'No. C. 11011/1/93-EDN the 5th July, 1993: Whereas, the State of Mizoram has no facilities fro Higher Technical Studies within the State, and whereas, the seats allotted to the State of Mizoram for Higher Technical Studies by ...