Guwahati Court February 2001 Judgments

Md. Jabed Ali Vs. State of Assam and ors.

Court: Guwahati

R.S. Mongia, C.J.1. This judgment and order will dispose of both WA Nos. 30/2002 and 478/2001 as these arise out of one common judgment and order of the learned Single Judge dated 20.11.2001 disposing of WP(C) Nos. 6631/2001 and 6632/2001.2. In these appeals we are concerned with the settlement of Rupahihat Weekly Market for the period 2001-2002. It is admitted on all hands that the settlement of Rupahihat Weekly Market with which we are concerned here is to last upto 30th June, 2002.3. Rupahihat Anchalik Panchayat had floated a tender on 25.4.2001 inviting bids for the settlement of the Weekly Market as stated above. There were large number of bidders and ultimately the market was settled in favour of Abdul Kalam (Respondent in the W.P.). His bid was Rs. 1,80,000 per month. This settlement was challenged by Jabed Ali by filing WP (C) 6631/2001. It was also challenged by one Shri Ramjan Ali by filing WP (C) 6632/ 2001. Both the writ petitions were disposed of by the learned Single Ju...

Tilendra Nath Mahanta Vs. United Bank of India and ors.

Court: Guwahati

1. The question is that whether on the facts of this case it can be said that the Bank has a lien over the F.D.Rs and the accounts for the alleged wrong/mischief with regard to joint account with his son for which an investigation is in progress. In order to decide the matter we must look to Sections 148 and 171 of the Contract Act. Section 148 deals with Bailment. Bailment is established only when there is delivery of goods by one person to another for some purpose upon a contract that they shall when the purpose is accomplished, be returned or disposed according to the direction of the person who delivers the goods. It is the duty of the bailee to deal with the goods according to the direction of the bailor. Under Section 171 of the Act Bankers lien can properly arise only over thing which belong to customer but which are held by the Bank as security. There will be no bailment in case of fixed deposits or separate accounts. It has not been given to the Bank as security for doing/ac...

Prafulla Kumar Mahanta Vs. Kanak Sen Deka and ors.

Court: Guwahati

Reported in: 2001CriLJ2333

H.K. Sema, J.1. These two Criminal Contempt Petitions arises out of publication of an article published by the publisher in the Assamese daily Newspaper 'Dainik Agradoot' in its publication dated 13.12.1997 (Annexure-1, in the Criminal Contempt Petition No. 1/98). The identical article was also published in another Assamese daily newspaper 'Azir Batori' in its publication on 13.12.1997 (Annexure-1 in Contempt Petition No. 2 of 1998). The aforesaid two Contempt Petitions being arises out of the identical article published on 13.12.1997, though in different local dailies, we proposed to dispose these two petitions analogously by this common Judgment.2. We have heard Mr. A.S. Bhattacharjee, learned counsel for the petitioner in both the petition. Mr. D.C. Mahanta, learned counsel for the respondents in Criminal Contempt Petition No. 1/98 and Mr. J.M. Choudhury, learned sr. counsel for the CROP (C) No. 2/98 at length.3. Before we proceed further, we may at this stage dispose of one submiss...

Tripura Board of Wakf and anr. Vs. Tahera Khatoon

Court: Guwahati

1. This is an application under Article 226/227 of the Constitution of India praying for quashing the order dated 23.12.1997 passed by the learned Judicial Magistrate, 1st Class, Sonamura, in Misc. Case No. 15/97, and for quashing the order dated 28.1.2001 in Misc. Case No. 10/98, and the distress warrant dated 28.1.2000 issued by the Sub-Divisional Judicial Magistrate, Sonamura. 2. The facts briefly are that the respondent is a Muslim divorced woman. She filed an application for maintenance against her husband under section 125, Cr. P.C., which was registered as Misc. Case No. 5/96 and was ultimately disposed of with the observation that the respondent being a Muslim divorced woman can file a petition under the Muslim Women (Protection of Rights on Divorce) Act, 1986, (for short, 'the act, 1986'). Thereafter, the respondent filed such a petition which was numbered as Misc. Case No. 15/ 97. In the said petition, the husband of the respondent was impleaded as opposite party no 1, the ...

Tripura Board of Wakf and anr. Vs. Tahera Khatoon

Court: Guwahati

A.K. Patnaik, J.1. This is an application under Articles 226/227 of the Constitution of India praying for quashing the order dated 23.12.1997 passed by the learned Judicial Magistrate, 1st Class, Sonamura, in Misc. Case No. 15/97, and for quashing the order dated 28.1.2001 in Misc. Case No. 10/98, and the distress warrant dated 28.1.2000 issued by the Sub-Divisional Judicial Magistrate, Sonamura.2. The facts briefly are that the respondent is a Muslim divorced woman. She filed an application for maintenance against her husband under Section 125, Cr.P.C. which was registered as Misc. Case No. 5/96 and was ultimately disposed of with the observation that the respondent being a Muslim divorced woman can file a petition under the Muslim Women (Protection of Rights on Divorce) Act, 1986, (for short, 'the Act, 1986'). Thereafter, the respondent filed such a petition which was numbered as Misc. Case No. 15/97. In the said petition, the husband of the respondent was impleaded as opposite part...

National Insurance Co. Ltd. Vs. Chandra Prava Barman and ors.

Court: Guwahati

1. This appeal has been filed by the National Insurance Company Limited against the award of the Tribunal granting total compensation of Rs. 2,21,900. Out of the aforesaid amount, a sum of Rs. 86.400 has been granted to the Claimant-daughter by way of compensation for the death of her father, who, admittedly, did not die on account of vehicular accident. At the very outset, the learned counsel for the Insurance Company has submitted that the present appeal be converted into a petition under Article 227 of the Constitution of India and that he would limit his prayer to the deletion of the amount of compensation which has been awarded to the Claimant-daughter on account of the death of her father.2. Since a question of law has arisen before us which is not dependent upon any fact, we have converted the appeal into a petition under Article 227 of the Constitution of India.3. The counsel for the Insurance Company has argued that admittedly the father of the claimant died on account of hear...

Sh. K. Thanvela and ors. Vs. State of Mizoram and ors.

Court: Guwahati

1. By this writ petition under Article 226 of the Constitution of India, the petitioners (seven in number) challenged the order of promotion of private respondent Nos. 6 to 11 to the post of Inspector, Armed Branch (AB) dated 24.10.1995 and also challenged the impugned seniority list of the petitioners vis-a-vis the private respondents dated 1.5.1997. 2. The fact of the petitioners' case, in gist, is as follows:- The petitioners and the private respondent Nos. 6 to 11 had been holding the posts of Sub-Inspector, Armed Branch (AB) prior to their promotion to the posts of Inspector (AB) but in the said feeder posts of Sub-Inspector (AB) the petitioners were seniors to the private respondents. In the seniority list published on 16.7.1990(Annexure-P-1) of the Sub-Inspector (AB) the petitioners' position had been shown at serial Nos. 17, 20, 24, 27, 28, 29 and 32 while the seniority position of the private respondents had been shown at serial Nos. 19, 36, 42, 44, 48 and 59 and according t...

National Insurance Co. Ltd. Vs. Chandra Prava Barman and ors.

Court: Guwahati

N.C. Jain, C.J. 1. This appeal has been filed by the National Insurance Company Limited against the award of the Tribunal granting total compensation of Rs. 2,21,900. Out of the aforesaid amount, a sum of Rs. 86.400 has been granted to the Claimant-daughter by way of compensation for the death of her father, who, admittedly, did not die on account of vehicular accident. At the very outset, the learned counsel for the Insurance Company has submitted that the present appeal be converted into a petition under Article 227 of the Constitution of India and that he would limit his prayer to the deletion of the amount of compensation which has been awarded to the Claimant-daughter on account of the death of her father.2. Since a question of law has arisen before us which is not dependent upon any fact, we have converted the appeal into a petition under Article 227 of the Constitution of India.3. The counsel for the Insurance Company has argued that admittedly the father of the claimant died on...

Sh. K. Thanvela and ors. Vs. State of Mizoram and ors.

Court: Guwahati

1. By this writ petition under Article 226 of the Constitution of India, the petitioners (seven in number) challenged the order of promotion of private respondent Nos. 6 to 11 to the post of Inspector, Armed Branch (AB) dated 24.10.1995 and also challenged the impugned seniority list of the petitioners vis-a-vis the private respondents dated 1.5.1997.2. The fact of the petitioners' case, in gist, is as follows:-The petitioners and the private respondent Nos. 6 to 11 had been holding the posts of Sub-Inspector, Armed Branch (AB) prior to their promotion to the posts of Inspector (AB) but in the said feeder posts of Sub-Inspector (AB) the petitioners were seniors to the private respondents. In the seniority list published on 16.7.1990(Annexure-P-1) of the Sub-Inspector (AB) the petitioners' position had been shown at serial Nos. 17, 20, 24, 27, 28, 29 and 32 while the seniority position of the private respondents had been shown at serial Nos. 19, 36, 42, 44, 48 and 59 and according to th...

State of Manipur Vs. Pheiroijam Joy Singh

Court: Guwahati

1. Heard Ms. Ch. Bidyamani Devi, learned P.P. and also Mr. A. Nilamani Singh, learned Sr. counsel assisted by Mr. A. Bimol Singh, learned counsel for the respondent.2. The present petition has been filed under Section 397 Cr.P.C. read with Sections 439(2) and 482 Cr.P.C. against the order dated 15.12.1999 passed by the learned Sessions Judge, Manipur East in Cril. Misc. (B) Case No. 90/99 arising out of FIR Case No. 179(11)99 LPS under Section 366/342/376/120-B IPC. On a pointed asking from this court, Ms. Bidyamani Devi, learned P.P. has submitted that this application may be treated only as an application under Section 439(2) Cr.P.C. for cancellation of bail granted by the learned Sessions Judge by his order dated 15.12.1999. The learned P.P. has strongly argued that the learned Sessions Judge has illegally and without considering the materials on record granted bail to the accused person, the learned Sessions Judge did not consider the seriousness and gravity of the offence. Save ...