Guwahati Court April 2002 Judgments
Jogeswar Gayan Vs. Moti Ram Borah and ors.
Court: Guwahati
Decided on: Apr-30-2002
D. Biswas, J. 1. This second appeal is directed against the Judgment and Decree dated 28.6.1994 passed by the Learned Assistant District Judge, Nagaon in Title Appeal No. 20 of 1981. The Learned First Appellate Court dismissed the appeal affirming the Judgment and Decree dated 9.6.1991 passed by the Learned Munsiff No. 2, Nagaon in Title Suit No. 110 of 1979.2. This appeal was admitted by this Court for hearing on the following substantial question of law - 'Whether the right which the plaintiff had acquired by openly and continuously using the pathway could be affected by a subsequent purchase of the land under Exhibit - 6 which provides an access to the PWD roads.'.3. The appellant as plaintiff filed the aforesaid suit for declaration of right of passage based on easement over the pathway described in Schedule - A to the plaint and for eviction of the defendants, the respondents herein, therefrom. The appellant pleaded that they are using this pathway for ingress and outgress to the...
Tag this Judgment!Dr. (Mrs.) Malaya Barman Vs. Pabindra Deka
Court: Guwahati
Decided on: Apr-30-2002
D. Biswas, J. 1. Miscellaneous Application No. 45/2001 has been filed by the election petition in Election Petition No. 10/2001 for striking out certain averments incorporated in the petition. Miscellaneous Application No. 5/2001 is the objection filed by the respondent. 2. I have heard Mr. K. Agarwal, leaned counsel for the applicant (election petitioner) and Mr. B. K. Das, leaned counsel for the respondent-opposite party. 3. This Court by order dated 27.2.2002 passed in Misc Case No. 46/ 2001 disposed of the application filed under Order 7, Rules 11 read with Section 151 of the Code of Civil Procedure and Sections 83, 86 and 87 of the Representation of People Act, 1951 challenging the maintainability of the election petition. The said petition was dismissed holding inter alia that it would be premature to conclude that the election petition does not disclose cause of action for want of material facts in view of Schedule-I and the statement made in paragraphs 6 and 7. Therefore, ...
Tag this Judgment!ikram HussaIn and ors. Vs. Ramani Nath and anr.
Court: Guwahati
Decided on: Apr-30-2002
A.H. Saikia, J. 1. Heard Mr. B.K. Goswami, learned sr. counsel assisted by Ms. T. Goswami, learned counsel and Mr. P.K. Baruah, learned sr. counsel assisted by Mr. A. Dasgupta, learned counsel. 2. This Second Appeal has been carried out from the Judgment and decree dated 13.12.1994 passed by learned Assistant District Judge, Darrang at Mangaldoi, in Title Appeal No. 5 of 1993 reversing the Judgment and decree dated 7.3.1993 passed by the learned Munsiff No. 1, at Mangaldoi in Title Suit No. 72 of 1988. 3. Mr. Goswami, learned sr. counsel at the very outset of his argument has submitted that the learned appellate Court totally failed to delve upon the Ext. namely the Ext. 4 (sale deed dated 1.2.1973), Ext. Kha the Jamabandi of Patta No. 313 of 1930-31 and Ext. No. 6 (sale deed dated 9.6.1973), upon which the vendors of the appellant/ defendant have been claiming their title, in order to properly appreciate those and as such, it is contended that the finding arrived at by the learned Ju...
Tag this Judgment!Mohendra Narayan Nath Vs. State of Assam
Court: Guwahati
Decided on: Apr-25-2002
1. Heard Mr. B.N. Sarma, learned counsel for the appellant and Mrs. A. Hazarika, learned Government Advocate for the Respondent State. 2. The Appellant, Shri Mohendra Narayan Nath was a member of the Assam Finance Service and while working as Deputy Director, Assam Administrative Staff College, he was ordered to be compulsorily retired from service vide order dated 11.4.1994 passed by the Secretary to the (Government of Assam, Finance Department. Thisorder was made subject-matter of challenge by the appellant by filing a writ petition (Civil Rule No. 1661/94) which was allowed by the learned Single Judge and the order of compulsory retirement was quashed by order dated 7.3.1995. Against the said judgment and order dated 7.3.1995 the Respondent State of Assam had filed Writ Appeal No 204/95. That writ appeal was allowed by a Division Bench of this Court on 2.6.1995 and the judgment and order of the learned Single Judge was quashed. The matter was remitted back to the learned Single J...
Tag this Judgment!Dhiren Chandra Sarmah Vs. Hojai Municipal Board and ors.
Court: Guwahati
Decided on: Apr-24-2002
R.S. Mongia, C.J. 1. Heard Mr. C. Baruah, learned counsel for the appellant. 2. From the facts as emerge from the pleadings it is evident that on 2.6.1994 the Director, Municipal Administration, Assam, Guwahati addressed a communication to the Commissioner & Secretary to the Govt. of Assam, Municipal Administration Department, Dispur, Guwahati for granting approval for acquisition of a plot of land by Hojai Municipal Board for construction of a bus terminus at Hojai. In this communication it is mentioned that the Municipal Board had adopted a resolution in its meeting held on 24.5.1994 to acquire the plot of land measuring 6B, 1 Katha under Periodic Patta No. 7, Deg No. 13 at Hojai town for construction of a bus terminus by the Board and all the expenses for the acquisition of the land were to be borne by the Board. It is further mentioned that the matter has been discussed with the Circle Officer Hojai Revenue Circle, who has informed that necessary steps have already been ini...
Tag this Judgment!Mrinal Kanti Bose Vs. General Manager (Claims), N.F. Railways
Court: Guwahati
Decided on: Apr-24-2002
I.A. Ansari, J. 1. This is an appeal preferred under Section 23 of the Railways Claims Tribunal Act, 1987, against the judgment and order; dated 31.7.1998, passed, in application No. 329/96, by learned Railway Claims Tribunal, Guwahati Bench, Guwahati, dismissing the claim application of the appellant. 2. The case of the appellant may, in brief, be stated thus: One Shri Kushal Bose booked, on 2.12.1994, at Tinsukia railway station, four boxes of tea seeds weighing 80 kgs for being delivered to the appellant at Siliguri Junction. The appellant made repeated enquiries from the concerned parcel clerk, at Siliguri, about the said consignment, the last such enquiry having been made on 31.12.1994, but even on this day, i.e., on 31.12.1994, the petitioner was informed that his consignment had not reached Siliguri Junction. As the items booked were perishable in nature, the claimant issued a notice, dated 17.3.1995, under Section 78B of the Indian Railways Act, read with Section 80, CPC, cla...
Tag this Judgment!Vikash Kumar Kothari and anr. Vs. State Bank of India and ors.
Court: Guwahati
Decided on: Apr-23-2002
R.S. Mongia, C.J.1. This judgment and order of ours will dispose of Writ Appeals Nos. 148/2002, 149/2002, 150/2002, 151/2002, 152/2002, 153/2002, 154/ 2002, 155/2002 and 156/2002, as identical questions of law and facts are involved in all these appeals. For ready reference facts are being taken from Writ Appeal No. 155/ 2002.2. The respondent No. 1 herein, i.e., the State Bank of India, had filed O.A. No. 36/ 1999 before the Debts Recovery Tribunal. Gauhati, against M/s. M. M. Agencies and 18 others. It has been alleged in the OA by the State Bank of India that defendants Nos, 18 and 19, i.e., Vikash Kumar Kothari and Anupam Kothari (the present appellants) were the guarantors for the loan given by the State Bank of India. Other defendants are the loanees. After service on the defendants/respondents in the OA, they appeared before the Registrar of the Debts Recovery Tribunal on 9-4-2001. On that date, a petition was filed by defendants Nos. 18 and 19in the OA No. 36/1999 (Vikash Kum...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Phuljheria Mussamat
Court: Guwahati
Decided on: Apr-23-2002
R.S. Mongia, CJ 1. Whether the amount of compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) is to be assessed under Section 4 as per the provisions as these exist on the date the accident occurs or on the date the Tribunal under Workmen's Compensation Act gives the award ?2. The aforesaid question calls for our determination in the present appeal. Briefly stated, one Deodhar Mahato, driver of the bus No. AS-02/8046 (Super Bus) owned by Shri Tarini Kanta Bora which was duly insured with the Oriental Insurance Company Ltd., while driving the same in the course of his employment met with an accident on 10.7.1999 and unfortunately he died on 11.07.1999 due to the injuries suffered in the accident. The heirs of the deceased filed a claim petition for compensation under the Workmen's Compensation Act, 1923 before the Commissioner, Workmen's Compensation, Nagaon which was registered as Case No. NWC 92/99. The owner of the vehicle filed written statem...
Tag this Judgment!Swapan Kanti Bhattacharjee Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-23-2002
B.B. Deb, J. 1. Heard Mr. C.S. Sinha, learned counsel for the petitioner. Also heard Mr. U.B. Saha, learned senior Govt. Advocate being assisted by Mr. J. Majumder, learned counsel for the respondents.2. By this writ petition, the petitioner challenged the impugned communication bearing No. PF-ARHS (104) - DSE/01 dated 22.2.2002 by which the appointing authority asked the petitioner to confirm as to whether he was willing to go on deputation as prayed for by him, without keeping lien.3. The petitioner entered in service as an Assistant Teacher under the Directorate of School Education, Government of Tripura and is yet to be confirmed to the said post. In response to an open advertisement issued by the Project Director, District Rural Development Agency (in short DRDA) Kailashahar dated 17.10.2001 for the post of, among others, R. D. Officer on deputation basis having a higher pay scale of Rs. 5500-10,700/- the petitioner offered his candidature through proper channel and that was for...
Tag this Judgment!Assam Company (India) Ltd. Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Apr-23-2002
Amitava Roy, J.1. The present proceeding has been registered under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), consequent upon reference of a question of law arising out of the order dated August 25, 1998, passed by the Income-tax Appellate Tribunal, Guwahati Bench, Guwahati (hereinafter referred to as the 'Tribunal'), passed in I. T. A. No. 401 (Gauhati) of 1991.We have heard Mr. R. Goenka, learned counsel assisted by Mr. R. K. Agarwala, Mr. M. Talukdar, learned counsel for the applicant/assessee, and Mr. G. K. Joshi, learned senior counsel assisted by Mr. U. Bhuyan, learned counsel for the respondent/Revenue.The facts in brief leading to the present reference can be summed up as hereunder. The applicant-company filed its return of income on July 30, 1982, declaring an income of Rs. 51,81,550. The assessment year herein is 1982-83. The company is engaged in the business of cultivation, manufacture and sale of tea and also derives income from ren...
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