Guwahati Court April 2001 Judgments

National Insurance Co. Ltd. Vs. Benu Chandra Deb and ors.

Court: Guwahati

1. By the aforesaid Civil Revision No. 64/99, the petitioner challenged the order dated 3.7.1999 passed by the learned Member, Motor Accident Claims Tribunal, Court No. 2, West Tripura, Agartala in Civil Misc. (Review) No. 107/99 arising out of Title Suit (MAC) No. 357 of 1996 and by Civil Revision No. 65 of 1999, the petitioner challenged the order dated 3.7.1999 passed by the learned Member, Motor Accident Claims Tribunal, Court No. 2, West Tripura, Agartala in Civil Misc. (Review) No. 103 of 1999 arising out of Title Suit (MAC) No. 365 of 1996.2. The claimant-respondents filed claim petitions, one in Title Suit (MAC) No. 356/96 and another in Title Suit (MAC) No. 357/96 contending, inter alia, that on 7.8.1996 due to head-in-collision between two vehicles bearing No. TRS 909 (Bus) and TRT 2543 (Jeep) an accident happened and the claimant-respondents of the aforesaid cases sustained injuries. The learned Tribunal caused inquiry and awarded compensation of Rs. 30,000 in TS (MAC) No. ...

Hirendra Debbarma and ors. Vs. Rebati Mohan Debbarma

Court: Guwahati

Main Search Forums Advanced Search DisclaimerCites 2 docsArticle 142 in The Constitution Of India 1949The Code Of Civil Procedure (Amendment) Act, 1956Blog Linkspowered by Gauhati High Court Hirendra Debbarma And Ors. vs Rebati Mohan Debbarma on 12 April, 2001Bench: B Deb1. This Second Appeal arises out of the judgment/order dated 18.9.1995 followed by decree dated 8.11.1995 passed by the learned Additional District Judge, West Tripura, Agartala in Title Appeal No. 70 of 1993 arising out of judgment dated 21.8.1993 followed by decree dated 24.8.1993 passed by the learned Sadar Munisff, Agartala, West Tripura in Tile Suit No. 151 of 1982.2. By the appellate Judgment and decree, the learned first appellate court allowed the appeal, set aside the judgment and decree passed by the learned trial court and allowed the plaintiffs to withdraw the suit.3. At the time of admission of the appeal, this court vide order dated 16.1.1996 formulated the following substantial question of law to be deci...

Naru Mazumdar Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J. 1. This criminal appeal is directed against the judgment and order passed by the Sessions Judge, Karimganj in Sessions Case No. 22/ 97 on 10.7.1998. 2. This is a case of unfortunate death of a young school teacher Aparna. The deceased Aparna Das came into contact with the accused Naru Mazumdar and they fell in love and a registered deed of marriage was executed in between them. The couple along with the mother and sister of the deceased went for all India trip. The relationship however soured. As regards the solemnisation of social marriage between the parties, the accused was insisting for a social marriage whereas the girl was adamant in not going through the marriage ceremony. On the previous evening of the date of occurrence, the accused along with his friends came and therewas hot altercation between the parties and the accused threatened the deceased. On the date of occurrence at about 7 A.M. the deceased went to Harizon Colony to attend a private tuition and h...

Sidhartha Kalita and ors. Vs. State of Assam and ors.

Court: Guwahati

J.N. Sarma, J. 1. This is a fight between the petitioners and the respondent Nos. 4, 5 and 6 with regard to allotment of some road repairing works. The brief factual matrix is as follows:Some money was sanctioned by the Central Government i.e. Ministry of Surface Transport, Union of India for improvement of road. The Administrative approval for improvement of Kamalpur-Morrowa road was accorded by the authority vide letter dated 9.2.2001 and accordingly the Chief Engineer, PWD directed the Executive Engineer, PWD. Rangia Road Division to invite tenders for allotment of works. Thereafter tender notice was issued on 15.2.2001 and the copy of this tender notice was sent to the Director of Information and Public Relation, Assam for arranging publication in two regional Newspaper (one in English and other in Assamese) on or before 8.3.2001 and there was a further request that the bill may be sent to the Executive Engineer for payment. Copy of the tender notice was also sent to the Chief En...

Bhabani Dhar Choudhury Vs. State of Assam and ors.

Court: Guwahati

1. By this application under Article 226 of the Constitution of India the petitioner prays for a writ in the nature of Mandamus and/or Certiorari to set aside and quash the Select List dated 13.09.2000 selecting the respondent No. 3 and 4 for promotion the post of Additional Chief Engineer, PWD (Civil) pursuant to the recommendation of the Selection Committee in its meeting held on 09.08.2000.2. Facts in compendium are these. The petitioner entered into service as Assistant Engineer under the Public Works department and joined the said post on 22.04.1966. In 1976 he was promoted to the post of Sub-divisional Officer (re-designated as Assistant Executive Engineer). In 1988 the petitioner was promoted to the post of Executive Engineer and some time in April, 1999 he was further promoted to the rank of Superintending Engineer. The petitioner is now holding the post of Deputy Secretary and in addition to his duties as Deputy Secretary, he is also holding the charge of Officer on Special Du...

Hirendra Debbarma and ors. Vs. Rebati Mohan Debbarma

Court: Guwahati

1. This Second Appeal arises out of the judgment/order dated 18.9.1995 followed by decree dated 8.11.1995 passed by the learned Additional District Judge, West Tripura, Agartala in Title AppealNo. 70 of 1993 arising out of judgment dated 21.8.1993 followed by decree dated 24.8.1993 passed by the learned Sadar Munisff, Agartala, West Tripura in Tile Suit No. 151 of 1982.2. By the appellate Judgment and decree, the learned first appellate court allowed the appeal, set aside the judgment and decree passed by the learned trial court and allowed the plaintiffs to withdraw the suit.3. At the time of admission of the appeal, this court vide order dated 16.1.1996 formulated the following substantial question of law to be decided :-'Whether the order of the First Appellate Court according permission to withdraw the suit after holding that the appeal was infructuous is tenable in law ?'4. The case, in short, is that the plaintiff-respondent Shri Debbarma and others filed Title Suit No. 151 of 19...

Md. Abdul Kuddus and anr. Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J. 1. The criminal appeal is directed against the judgment and order passed by the Additional Session Judge, Nagaon in Session Case No. 180(N)92 on 30-1-1997. In the above referred Session's case as many as 12 accused persons were tried for the offence under Section 302/34 IPC. On conclusion of the trial ten (10) accused persons were acquitted. Accused Hafijuddin @ Fagu was convicted of the offence under Section 302 IPC and accused Abdul Kuddus was convicted for the offence under Section 302/34 IPC. Both the appellants were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000 in default further imprisonment for one (1) year. Hence the present appeal. 2. The prosecution allegation is that in an incident that took place on 19.4.1991, son of Subed All Master was assaulted by the accused persons. Next day, the accused persons armed with deadly weapons came to attack the house of Subed Ali which is situated adjacent to the house of Azizul Haque. This ...

State of Assam Vs. SahabuddIn and ors.

Court: Guwahati

Ranjan Gogoi, J. 1. This is an appeal filed by the State under the provisions of Section 378 of the Code of Criminal Procedure and is directed against the judgment and order dated 30.8.1994 passed by the learned Additional Sessions Judge, Sonitpur at Tezpur in Sessions Case No. 36(S)/90 acquitting the accuseds-respondents from the chargeunder Section 302/34 of the Indian Penal Code. 2. On 25.7.1985 at about 5 A.M. P.W. 13 Sri D.D. Bhakta, a practicing advocate of Tezpur town lodged a verbal information at the Tezpur Police Station to the effect that one Abdul Wahed, another practising advocate of Tezpur was murdered in his residence at Ex-Police Line. Tezpur by some miscreants. On the basis of the said information, General Diary Entry No. 816 dated 25.7.1985 of Tezpur Police Station was recorded and police started investigation. At the place of occurrence, the accused No.3 Meherun Nigar Begum, wife of the deceased Abdul Wahed, lodged the written ejahar (Ext.70). It is the further cas...

Sibanath Singh Vs. State of Assam

Court: Guwahati

N.S. Singh, J.1. This revision petition under section 401 of the CrPC arises against the judgment and order dated 15.7.1992 passed by the learned Chief Judicial Magistrate, Jorhat in C.R Case No. 8 of 1989 convicting the present petitioner Sri Sibanath Singh for the offence punishable under sections 7/16 of the Prevention of Food Adulteration Act for storing and selling 'Laddu' coloured with prohibited coal tar colour metanil yellow and sentencing the accused-petitioner to undergo RI for 6 (six) months and a fine of Rs. 1,000/- and in default to suffer further R/I for 2 months as well as the impugned judgment dated 16.3.1993 passed by the learned Sessions Judge, Jorhat in Criminal Appeal No. 41 of 1992 affirming the Judgment and order of conviction and sentence passed by the learned Trail Court. The facts of the prosecution case in a short compass are as follows.2. A complaint was lodged by one Food Inspector, Jorhat stating that he had collected sample of 'Laddu' from the accused-pet...

State of Assam Vs. SahabuddIn and ors.

Court: Guwahati

Reported in: 2001CriLJ3499

Ranjan Gogoi, J.1. This is an appeal filed by the State under the provisions of Section 378 of the Code of Criminal Procedure and is directed against the judgment and order dated 30.8.1994 passed by the learned Additional Sessions Judge, Sonitpur at Tezpur in Sessions Case No. 36(S)/90 acquitting the accuseds-respondents from the chargeunder Section 302/34 of the Indian Penal Code.2. On 25.7.1985 at about 5 A.M. P.W. 13 Sri D.D. Bhakta, a practicing advocate of Tezpur town lodged a verbal information at the Tezpur Police Station to the effect that one Abdul Wahed, another practising advocate of Tezpur was murdered in his residence at Ex-Police Line. Tezpur by some miscreants. On the basis of the said information, General Diary Entry No. 816 dated 25.7.1985 of Tezpur Police Station was recorded and police started investigation. At the place of occurrence, the accused No.3 Meherun Nigar Begum, wife of the deceased Abdul Wahed, lodged the written ejahar (Ext.70). It is the further case of...