Guwahati Court November 2002 Judgments
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United India Insurance Co. Vs. Sh. Lalngena and anr.
Court: Guwahati
Decided on: Nov-15-2002
S.K. Kar, J. 1. The petitioner before me, United India Insurance Co, Ltd., intended to invoke the extraordinary review power of this Court as enshrined in Article 226/227 of the Constitution of India on the contention that judgment and award passed by MACT, Aizawl on 21.5.2002 in MACT Case No. 107/99 is not sustainable in law for the grounds stated thereupon in the petition.2. I have heard both sides and perused the materials on case-record that was called for from the Tribunal below. Respondent No. 1 is the claimant and respondent No. 2 is owner of the offering vehicle MZ-01/4887 which vehicle was responsible for the vehicular accident that took place on 1.12.1998.3. Brief facts are as follows. The claimant Pu Lalngena lost his son Lalnunmawia, aged 21 years, due to the act of negligence of offending vehicle No. MZ-01/4887 dashing against the dwelling house of the deceased and rolling down into gorge below on 1.12.1998 at Kawngthar Veng, Vairengte. A sum of Rs. 3,44,500/= under diffe...
United India Insurance Co. Ltd., Aizawl Branch Vs. Lalnunmawia and anr ...
Court: Guwahati
Decided on: Nov-15-2002
S.K. Kar, J. 1. Being aggrieved by the judgment and order dated 5.6.2002 passed by the Member, MACT, Aizawl in MACT Case No. 134/99, United India Insurance Co. Ltd. has preferred this petition under article 226/227 of the Constitution of India.2. Respondent No. 1. Sh. Lalnunmawia has suffered personal injury and claimed compensation before the Claims Tribunal with the statements that vehicle No. ZRM-9785 (Truck) met with an accident on 6.7.1998 near Vairengte, as a result, he sustained injury and he was hospitalised from 7.7.1998 to 27.8.1998, claiming compensation of Rs. 10 lakhs. Respondent No. 2 Smt. Thangliani was the owner of the offending vehicle.3. The claim was contested by the petitioner, seeking relief, as per provision of Section 170 of the Motor Vehicle Act, 1988, on all of any of the grounds available to the owner of the vehicle stating, inter alia, that the claim was not maintainable, wanting in cause of action etc. etc. The allegations were denied together with the sub...
Vanlalveni Vs. Tlanglawma
Court: Guwahati
Decided on: Nov-15-2002
S.K. Kar, J. 1. Under Rule 18 of the 'Rules for Regulations of the Procedure of the Officers appointed to Administer Justice in the Lushai Hills, 1937', presented this appeal by the appellant, Smt. Vanlalveni against the respondent, Tlanglawma to challenge the judgment and order dated 27.6.2000 passed by learned Addl. District Magistrate (J), Aizawl in Civil Appeal No. 18/2000 before him.2. The appeal was admitted on the formulation of the following substantial question of law by this Court, vide order dated 27.7.2000.'(1) Whether the first appellate Court of learned ADM(J) Aizawl could have entertained in Civil Appeal No. 18/2000 being barred by limitation.(2) Whether the learned ADM(J) Aizawl has jurisdiction to take up the Suit No. 3/98.'3. The brief facts are as follows : The present appellant instituted a declaratory Suit, Suit No. 3/98, originally before the learned Assistant to Deputy Commissioner, Aizawl District, Aizawl stating that the she advance loan of Rs. 47,500/- to Rok...
All Arunachal Pradesh Horticulture Subordinate Field Staff Association ...
Court: Guwahati
Decided on: Nov-14-2002
I.A. Ansari, J. 1. By making this application under Article 226 of the Constitution of India, the petitioner, namely, All Arunachal Pradesh Horticulture Subordinate Field Staff Association (hereinafter referred to as 'AAPHEFSA') has approached this Court seeking issuance of appropriate writ/writs commanding the respondents to grant benefit of revised scale of pay at par with the similarly placed employees of the Department of Animal Husbandry and Veterinary under the Government of Arunachal Pradesh. 2. In a narrow compass, the case of the petitioner may be put as follows : 'The petitioner Association is an Association comprising of the employees of the Horticulture Department under the Government of Arunachal Pradesh, the present strength of the Association being of 104 members, which include Horticultural Field Assistants, Recorder-cum-Surveyors, Village Level Workers (Senior) as well as Village Level Workers (Junior), Field Assistants, Field men and Grafters. The Association was ...
Dussu Takka Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Nov-14-2002
I.A. Ansari, J. 1. With the help of the present application made under Article 226 of the Constitution of India, the petitioner has approached this Court with the grievance that he has been unjustly denied promotion and his juniors have been made to supersede him. 2. In a nut-shell, petitioner's case may be narrated as follows : 'The petitioner was appointed as a Sub-Inspector of Police (hereinafter referred to as 'SI') under the Govt. of Arunachal Pradesh as far back as on 1.3.1978 and since then, he continues to remain in the same post, though persons juniors to him have been promoted to the rank of Inspector of Police by various orders passed by the respondent No. 2 from time to time between 1988 and 1989, The petitioner has made several representations to the respondent No. 2, but the same have proved futile. The office of the respondent No. 2, vide order No. PHQ(r)146/SI/, dated 20.7.1982, issued gradation list of 73 UB/AB Sub-Inspectors of Police and in this gradation list, t...
Union of India (Uoi) Vs. Ka Helimon Diengdoh and anr.
Court: Guwahati
Decided on: Nov-12-2002
B. Lamare J. 1. Heard Mr. P. Dey, learned Addl. Central Govt. Standing Counsel for the appellant, Mr. T.T. Diengdoh, learned counsel for the respondent No. 1 and Mr. S. Dutta, learned counsel for the respondent No. 2.2. An area measuring about 93 acres located at Spread Eagle Falls in Shillong was required by the Government on behalf of Defence Ministry, . Government of India and a Notification No. RLA-435/67/15 dated 10.10.1969 was published on 15.10.1969 in the Meghalaya Gazette Under Sections 4(1) of the Land Acquisition Act, 1894 (in short the Act). Subsequently a declaration Under Section 6 of the Act was issued vide No. RLA-435/67/40 and published on 10.3.1971. After completing with the acquisition proceeding, the Collector/Deputy Commissioner, Shillong awarded a compensation of Rs. 23,71,097.60p (Rupees twenty three lakhs seventy one thousand ninety seven and paisa sixty) only in favour of Sri A.S. Khongphai. However, an objection was raised by the third party viz., Mrs. Krisi...
Maruti Tea Industries and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-11-2002
P.G. Agarwal, J.1. The petitioner No. 1 is a partnership firm having its place of business at Dibrugarh. The Government of Assam announced the Industrial Policy of Assam, 1991 and pursuant to the said policy certain notifications were issued, providing certain incentives to the new industrial undertakings and to the existing undertakings also. Pursuant to the benefits provided by the said notifications, the petitioner established an industrial unit at Jyoti Nagar in the district of Dibrugarh and the production commenced on September 21, 1993. The petitioner was granted eligibility certificate by the appropriate authority, which was valid from January 21, 1993 to September 20, 2000. The petitioner was using tea as a raw material and the tax on such raw material was included under the said concession scheme. The petitioner approached the sales tax authorities for grant of the benefits, as the item black tea was included in the eligibility certificate. It may, however, be mentioned that...
Ningoyomi Breeze Doye and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Nov-11-2002
I.A. Ansari, J. 1. With the help of the present application made under Article 226 of the Constitution of India, the petitioners, who are Assistant Project Officer (DWCRA) in the District Rural Development Agency, have sought issuance of appropriate writ(s) commanding the State respondents to correctly project the position of the petitioners in the inter se seniority list of the petitioners vis-a-vis the private respondents, who are all direct recruits to the posts aforementioned. 2. In a nut-shell, petitioner's case may be stated as follows : 'The petitioners are all female persons belonging to the Scheduled Tribe Communities of Arunachal Pradesh . An advertisement, dated 10.12.1992 (Annexure A to the writ petition) was issued by the respondent No. 3 inviting applications for recruitment to the post of Assistant Project Officers (DWCRA) under the District Rural Development Agency, Arunachal Pradesh. The petitioners, who were working as Junior Teachers in the Department of Educatio...
Rajiv Kumar Jha Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Nov-11-2002
1. By making this application under Article 226 of the Constitution of India, the petitioner, who is presently working as Junior Engineer (Civil) in the Public Works Department, Arunachal Pradesh, has approached this Court seeking issuance of appropriate writ/s to get, inter alia, quashed the impugned order No. SECC/E-III/COORD/ 8/2002/10320-21, dated 1.2.2002 (Annexure-P/10 to the writ petition) issued by the respondent No. 3, whereby the respondent No. 3 has conveyed to the petitioner that the latter's appointment as Junior Engineer (Civil) is temporary and against the post meant for reserved quota and his services may be terminated immediately after reserved candidate is selected for the post.2. In a nut-shell, the case of the petitioner runs as follows: The petitioner, a Diploma holder in Civil Engineering, while working as a Work Charged Surveyor in the Public Works Department, Government of Arunachal Pradesh, applied, through proper channel, to the respondent No. 3 for recruitme...
Ramesh Khandewal Vs. State of Assam
Court: Guwahati
Decided on: Nov-06-2002
N.S. Singh, J. 1. Heard Mr. S.K. Muktar learned Amicus Curiae for the appellant and Ms. Rajkhowa learned P.P. for the State. 2. The appellant namely Remesh Khandewal has been convicted with imprisonment for life coupled with fine of Rs. 2,000 only, and in default of payment thereof another six months R.I. under Section 302 IPC in terms of the judgment dated 19.12.1997 passed by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions case No. 95(S)/ 1997 Under Section 302 IPC Reference to G.R. case No. 27/97 which is the subject matter under challenge in the appeal. 3. The facts of the case in a short compass are as follows : 4. One Bhuda Tanti the adopted son of the informant was stabbed with a knife on his chest by the accused Ramesh Khandowal at Bhimajuli Forest and as a reason of which the deceased succumbed to injury. The case of the prosecution is that after committing the crime the accused run away but he was caught by the Police Party and accordingly; a case was re...
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