Guwahati Court March 2001 Judgments

New India Assurance Co. Ltd. Vs. Jiban Saha and anr.

Court: Guwahati

1. Both the cases have arisen out of a single Judgment and award dated 24.1.1994, passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in Title Suit (MAC) No. 113 of 1994. 2. In the first referred case, the appellant New India Assurance. Company Ltd. Preferred appeal against the award dated 24.1.1994 by which the learned Member, Motor Accident Claims Tribunal awarded compensation of Rs. 86,720 to the claimant-respondent with 12% interest per annum if payment is made within one month, else 20% interest per annum from the date of filing of the claim petition and in the second referred case, the claimant preferred to appeal against the aforesaid judgement and award seeking enhancement of the awarded amount and as such both the cases are taken together for hearing and final adjudication. 3. Heard the learned counsel for the respective parties. 4. The case, in short, is that on 17.1.1994 at about 6 P.M. while the claimant Shri Jiban Kumar Sana was returning ...

National Insurance Co. Ltd. Vs. Ashoka Das and ors.

Court: Guwahati

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 arises out of judgment/award dated 29.8.1996 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No. 125 of 1992 by which an amount of Rs. 1,06,000 with 12% interest from the date of filing of the petition (16.9.1992) has been awarded in favour of the claimant-respondent Smti. Ashoka Das, under Section 166 of the Motor Vehicle Act.2. The case before the Tribunal, in short is as follows :On 17.7.1992 at about 5-30 A.M. while the deceased Ramesh Ch. Das and one Smti. Rubi sen were standing near the Bus Syndicatein the Western side of Agartala Bishalgarh Road, one vehicle (Jeep) bearing No. TRT-1596 dashed them down having plied with rash and negligent driving as a result Ramesh Ch. Das sustained grevious injuiy and died instantaneously at his age of 57 years. He was the sole earning member of the family consisting three members including unmarried daughter. Police case was reg...

New India Assurance Co. Ltd. Vs. Jiban Saha and anr.

Court: Guwahati

Reported in: II(2001)ACC601,I(2002)ACC421,2002ACJ421

1. Both the cases have arisen out of a single Judgment and award dated 24.1.1994, passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in Title Suit (MAC) No. 113 of 1994.2. In the first referred case, the appellant New India Assurance. Company Ltd. Preferred appeal against the award dated 24.1.1994 by which the learned Member, Motor Accident Claims Tribunal awarded compensation of Rs. 86,720 to the claimant-respondent with 12% interest per annum if payment is made within one month, else 20% interest per annum from the date of filing of the claim petition and in the second referred case, the claimant preferred to appeal against the aforesaid judgement and award seeking enhancement of the awarded amount and as such both the cases are taken together for hearing and final adjudication.3. Heard the learned counsel for the respective parties.4. The case, in short, is that on 17.1.1994 at about 6 P.M. while the claimant Shri Jiban Kumar Sana was returning from...

National Insurance Co. Ltd. Vs. Ashoka Das and ors.

Court: Guwahati

Reported in: 2003ACJ1431

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 arises out of judgment/award dated 29.8.1996 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No. 125 of 1992 by which an amount of Rs. 1,06,000 with 12% interest from the date of filing of the petition (16.9.1992) has been awarded in favour of the claimant-respondent Smti. Ashoka Das, under Section 166 of the Motor Vehicle Act.2. The case before the Tribunal, in short is as follows :On 17.7.1992 at about 5-30 A.M. while the deceased Ramesh Ch. Das and one Smti. Rubi sen were standing near the Bus Syndicatein the Western side of Agartala Bishalgarh Road, one vehicle (Jeep) bearing No. TRT-1596 dashed them down having plied with rash and negligent driving as a result Ramesh Ch. Das sustained grevious injuiy and died instantaneously at his age of 57 years. He was the sole earning member of the family consisting three members including unmarried daughter. Police case was regi...

State of Tripura and ors. Vs. Deba Prasad Nag

Court: Guwahati

N.S. Singh, J.1. Heard Mr. S. Chakraborty, learned counsel for the appellants.Also heard Mr. S. Talapatra, learned counsel for the respondent.2. The judgment and order dated 6.3.1997 passed by the learned Single Judge of this Court in Civil Rule No. 151 of 1995 is the subject matter under challenge in this writ appeal.3. The writ petitioner, respondent of this appeal, had questioned the validity of the impugned Government office order/letter dated 22.7.1989 (Annexure-5 to the Civil Rule No. 151 /95) re-designating the post of Superintendent of Store as Storekeeper with present, modified and revised pay scale attached with the said post in the following order i.e. Rs. 600-1400 (present scale) then modified present scale of Rs. 650-1595 and Rs. 1450-3710 (Revised scale) and also, made a claim for his right to continue in the post of Superintendent of Store with his pay scale of Rs. 750-1750 with effect from the date of introduction of Revision of Pay Rules, 1982 (hereinafter referred to...

Cit Vs. Kashiram Agarwalla and Sons (Huf)

Court: Guwahati

P. G. Agarwal, J.Heard Mr. G. K. Joshi, learned counsel for the appellant, and Dr. Ashok Saraf, learned senior counsel assisted by Mr. S. K. Agarwal, appearing for the respondent-assessee.This appeal is preferred against the order dated 19-6-2000, passed by the Income Tax Appellate Tribunal, Gauhati Bench, in I. T. A. No. 22/ Gauhati of 1997, for the assessment year 1991-92.2. The undisputed fact is that the assessee, Kashiram Agarwalla and Sons, transferred land belonging to the Hindu undivided family to the firm by way of capital contribution. Kashiram Ramgopal (Agencies) is a partnership firm. Although the land was given to the partnership firm, there was no legal transfer of land by way of any documentary conveyance, evidencing the transfer. The assessing officer held that the land in question was not legally transferred and it will be assessed in the hands of the Hindu undivided family. The Tribunal disagreed with the view of the assessing officer and held as the land was given a...

Wahangbam Nipamacha Singh and Ors. Vs. Hon'ble Speaker, Manipur Legisl ...

Court: Guwahati

1. The following is the order challenged in the Writ Application, that is, Annexure-A/1 which is quoted below :-- Annexure-A/'MANIPUR LEGISLATIVE ASSEMBLY SECRETARIATORDERSImphal, the 13th February, 2001 No. 1/5(26)/2000-LA (P) : The following members of the Manipur Legislative Assembly have ceased to be members of the Manipur State Congress Party due to expulsion from the primary membership of the Manipur State Congress Party for a period of 6 (six) years with effect from 11-2-2001. 1. Shri W. Nipamacha Singh. 2. Dr. L. Chandramanl Singh. 3. Shri P. Achou Singh. 4. Shri Samuel Jendai. 5. Shri Ksh. Biren Singh. 6. Shri S. Rajen Singh. 7. Shri M. Kunjo Singh. 8. Shri H. Lokhon Singh. 1. Dr. S. Dhananjoy, Speaker of the Sev-enth Manipur Legislative Assembly, accordingly declare them unattached members of the Manipur Legislative Assembly with immediate effect. Sd/- illegible, (Dr. S. Dhananjoy) Speaker, Manipur Legislative Assembly.' 2. Whether there was valid expulsion or not of t...

Manjushree Extrusions Ltd. and anr. Vs. State of Assam and ors.

Court: Guwahati

M. Sharma, J. 1. All these above mentioned appeals have been preferred against a common judgment and order dated 29.4.1998 passed by the learned Single Judge dismissing the writ petitions by upholding the validity of the impugned provisions of the Assam Industries (Sales Tax Concession) Scheme, 1995. 2. Facts leading to filing of the writ petitions and the appeals, in a narrow campus, may be stated as follows. With a view to boost the industrial development in the State of Assam the State Government introduced a number of Schemes offering incentives and subsidies for certain period, extending the policy time to time. These limited benefits relating to industrial policy of the State have been offered to commercial production of the industrial units falling under a particular scheme during their initial stage as an incentive. First such incentive Scheme was started vide notification dated 8th November, 1969. With the change of time necessity for revision in this incentive scheme was fe...

Union of India (Uoi) and ors. Vs. Vartak Labour Union Overruled

Court: Guwahati

H.K. Sema, J. 1. We have heard Mr. K.K. Mahanta, learned Senior Central Government Standing Counsel for the appellant Union of India and Mr. P.G. Baruah, learned senior Advocate appearing for the respondents. The argument of this case was concluded on March 12, 2001 at the last minute of the Court hours and due to time constrained it was kept reserved. 2. This appeal has been directed against the judgment and order of the learned single Judge dated August 27, 1996 passed in Civil Rule No. 1839/1993 disposing the writ petition with a direction to the respondent/appellant (Union of India) to regularise the services of the members of the petitioner Association casually paid labourers employed under the Border Road Organisation, who have been working for more than 5 years. The direction was to be carried out within a period of 6 months from the date of the order. The writ appeal was once disposed of by a Division Bench on September 22, 1997. with certain modification of the order passed ...

Rahul Kumar Kashyap (Das) Vs. Union of India and ors.

Court: Guwahati

1. This Petition has been filed under Article 226 of the Constitution praying a Writ of Certiorari for concellation of the impugned order dated 2.8.2000 (Annexured D) inter alia on the ground that the order impugned has been passed in violation of the rights providedunder Article 21 of the Constitution and also a Judgement of the Supreme Court. 2. Factual matrix leading to the filing of the present Writ Petition may be summarily recited. Petitioner was a Student of Keudriya Vidyalaya. IOC, Guwahati, Noonmati. He passed Class-X from All India Secondary School Examination conducted by the Central Board of Secondary Education in 2000. He applied for admission in the said School in Class-XI in Science Stream for the Session 2000-2001 3. The undisputed fact is that in the All India Secondary Examination conducted by the Central Board of Secondary Education (hereinafter referred to as CBSE) the Petitioner secured the following marks -(a) English Course-A 46% marks (b) Hindi Course-A 60% m...