Guwahati Court July 2002 Judgments
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Santokh Singh Bhabra and anr. Vs. Kalsi Babra Construction Company and ...
Court: Guwahati
Decided on: Jul-22-2002
D. Biswas, J.1. This appeal is directed against the judgment and decree passed by the learned Civil Judge (Sr. Division) No. 1 Guwahati in T.S. (Arb.) No. 96/96 making the award passed by the arbitrators a Rule of the Court rejecting the objection of the appellant.2. The arbitration proceedings was initiated on an application filed under Section 8 of the Arbitration Act, 1940 on behalf of M/s Kalsi Bhabra Construction Company, a partnership firm having its principal seat of business at Guwahati through its partner, Sri Kewal Singh Kalsi. A number of grievances were raised in the petition with regard to different transactions as well as business equipments of the firm praying for settlement of the disputes through arbitration. The Civil Court by the order dated 7.1.1991 appointed arbitrators to decide the dispute as per parties' contention with stipulation that the award be passed within a period of four months from the date of entering the reference.3. The arbitration agreement is inc...
Akan Swargiary @ Young Sangma @ Yankl - Sharlee Vs. Union of India (Uo ...
Court: Guwahati
Decided on: Jul-22-2002
D. Biswas, J. 1. By this petition under Article 226 of the Constitution of India the detenu Aakan Swargiary @ Young Sangma @ Yanki Sharlee seeks to challenge the order of detention passed by the District Magistrate, Goalpara on 18.2.2001 under Sub-section (2) of Section 3 of the National Security Act, 1980. The order of detention reads as follows : 'Order of detention under NSA 1980 Whereas the unsersigned is satisfied on the basis of Dossier prepared by the Superintendent of Police, Goalpara vide his letter No. GLP/DSB/V(D)/Dossier/2002/3713 dated 15-2-2002 in respect of the person known as Aakan Swargiary @ Young Sangma, S/o Siva Swargiary, vill. Soukuchi Lokhara, P.S. Basistha, Dist. Kamrip (Assam) with a view to prevent him from acting in a manner prejudicial to the security of the State and to the maintenance of public order, it is necessary to detain him under the NSA, 1980. Now, therefore, in exercise of the powers conferred by Sub-sections (2) and (3) of Section 3 of the ...
Sekhar Rudra Vs. Oil India Ltd. and ors.
Court: Guwahati
Decided on: Jul-18-2002
Ranjan Gogoi, J.1. To understand and appreciate the challenge made in the instant writ petition, a brief recapitulation of the facts is considered necessary. The petitioner who was working as a Grade VIII employee in Oil India Limited and posted at -the relevant point of time at Narengi, Guwahati was sought to be transferred by an order dated December 22, 1989 to Dumar in Bihar. The aforesaid transfer order was by way of promotion. The Union representing the writ petitioner took up the case protesting the aforesaid transfer and subsequently, a Memorandum of Settlement under Section 18 of the Industrial Disputes Act, 1947 (in short the Act) was signed by and between the parties on August 7, 1990. In terms of the aforesaid settlement, it was agreed that the management of the Oil India Limited would not force the workman to go on transfer on promotion in case the workman was ready to forego the: promotion. The petitioner thus continued to be stationed at Narengi until sometime in the yea...
National Insurance Co. Ltd. Vs. Dr. (Mrs.) Dipika Choudhury and ors.
Court: Guwahati
Decided on: Jul-16-2002
J.N. Sarma, J.1. This appeal has been filed by the Insurance Company against the award dated 29.12.1999 passed by the learned Member, MAC Tribunal, Kamrup at Guwahati. By the impugned award the Tribubal awarded a sum of Rs. 20,51,469 with interest @ 12 per cent with effect from 24.8.1998 on Rs. 20,36,469. There was a further direction to pay this amount within 30 days. Hence, this appeal by the Insurance Company on the ground that the award is fanciful and whimsical.2. Under Section 168 of the Motor Vehicles Act, 1988 the Tribunal may make an award determining the amount of compensation which appears to it 'to be just'. A compensation cannot be given by the Tribunal which is fanciful, arbitrary and based on conjectures and surmises. No doubt, in determining the amount of compensation there will be some amount of conjectures and surmises. After all a compensation cannot be determined by applying a computerized method. A human approach will have to be made and in making that human appro...
Abhimaya Basumatary Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jul-16-2002
I.A. Ansari, J. 1. Challenging not only the punishment of dismissal from serviceimposed by Summary Security Force Court (hereinafter referred to as 'the SSFC'), but also rejection of his appeal made against the penalty aforementioned, the petitioner, namely, Shri Abhimanya Basumatary, has filed this Writ application seeking issuance of appropriate directions to the respondents. 2, In a nutshell, petitioner's case, runs as follows : (i) The petitioner was initially appointed as B.S.F. G.D. Constable/ He was promoted as Lans Naik in 1996 and in 1997, he was posted as Head Constable at Baishnab Nagar. Till the time of his dismissal from service, petitioner remained posted at Baishnab Nagar. On 8th February, 1999, the petitioner along with two other constables, namely, No. 90171510 Constable Ghanashyam and No. 910077288 Constable Surjit Singh was deployed for 'Naka' (i.e., patrolling) duty. On 10.12.1999, the petitioner was served with a notice issued by respondent No. 3. In this notice,...
Smt. Dhanistha Kalita Vs. Ramakanta Kalita and ors.
Court: Guwahati
Decided on: Jul-16-2002
I.A. Ansari, J.1. This second appeal is directed against the judgment and decree, dated 30-5-96, passed by the learned Assistant District Judge, Darrang, Mangaldoi, in Title Appeal No. 7 of 1995, dismissing the appeal and upholding the judgment and decree, dated 29-9-94, passed by the learned Munsiff No. 1. Mangaldoi, in Title Suit No. 31/97 partly decreeing the suit of the plaintiffs-respondents.2. Facts of the plaintiffs' case, in brief, may be stated thus : The suit land, in question, originally belonged to one Shyamraj Kalita, whose first wife pre-deceased him leaving behind their daughter, Teveli. The plaintiffs are sons of Taveli. who lived with her husband. After the death of Teveli's mother. Shyamrai Kalita had married one Maheswari @ Someswari, a widow, who had, at the time of her marriage with Shyamrai Kalita, a son, Jagat Kalita, begotten from her predeceased husband. After Maheswari's marriage with Shyamrai Kalita, Jagat Kalita continued to live with his mother, Maheswari,...
Pranabasish Majumder Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jul-11-2002
P.K. Sarkar, J. 1. This writ petition has been filed as a Public Interest Litigation. 2. The petitioner is an Advocate of Tripura Bar Association and he is also associated with the legal education of the students of the State of Tripura. In the Tripura Government Law College at present admission is being done on the basis of marks. The petitioner alleges that in Tripura three Secondary Education Boards are conducting examination; (1) Tripura Secondary Education, (2) Central Board of Secondary Education and (3) Indian Certificate of School Education. It is stated by the petitioner that different Board earmarked different marks for different subjects and the standard of marks are also different in different Boards. Therefore the students of one Board even if obtained equal marks cannot be said that they are having equal merit. The petitioner, therefore, prays that an entranceexamination should be conducted for admission in the Tripura Government Law College from the academic Session 2...
Thingujam Ningol Shakhi Devi Vs. Longjam Suranjoy Singh
Court: Guwahati
Decided on: Jul-11-2002
H.K.K. Singh, J. 1. The petitioner herein has brought a suit being Matrimonial (Injunction Suit) No. 18/2002 in the Family Court, Manipur praying for the relief of permanent injunction restraining the respondent No. 1 from marrying respondent No. 2 on the ground that the petitioner is the legally married wife of respondent No. 1 and their marriage relationship is still subsisting. Alongwith the said suit an application for temporary injunction was made on the date of filing of the suit, i.e., on 26.6.2002 and on the same day an ex parte temporary injunction order was issued restraining respondent No. 1 and No. 2 from performing their marriage ceremony on 1.7.2002 respondent No. 1 approached the Court praying for vacating the temporary injunction order on the ground that the petitioner had not complied with the mandatory requirements of law as provided for in the proviso appended to Rule 3 order XXXIX of CPC. This matter was registered as Judicial Misc. Case No. 58/2002 and the learn...
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