Guwahati Court January 2004 Judgments
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Nikhil Ch. Nath Vs. State of Assam
Court: Guwahati
Decided on: Jan-31-2004
P.G. Agarwal, J1. The accused-appellant Sri Nikhil Ch. Nath alongwith three others were tried by the Sessions Judge, Cachar, Silchar in Sessions Case No. 86 of 1997 for commission of an offence punishable under Section 302 IPC. During trial, as many as 9 witnesses were examined by the prosecution and on conclusion of the trial learned sessions Judge acquitted the three other accused persons on benefit of doubt but convicted the accused appellant under Section 302 IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 5,000 in default to further imprisonment for two months and hence, the present appeal.2. The prosecution case, in brief, is that on 3.1.1997 at about 8.30 A.M., while the deceased Sadhan Kanta Nath was returning from the house of Rahamat Ali and reached near the house of the accused persons, the accused persons assaulted with him lathi etc. and present appellant assaulted him with an axe as a result of which Sadhan Kanta Nath sustained injuries on his per...
State of Nagaland and anr. Vs. Uco Bank and ors.
Court: Guwahati
Decided on: Jan-31-2004
D. Biswas, J. 1. The State of Nagaland, represented by the Secretary in the Department of Industries and Commerce has filed this petition under Article 226/227 of the Constitution praying for issuance of appropriate writ for quashing the impugned order dated 6.5.2003 passed in pursuant to the ex-parte order dated 15.7.2002 in OA No. 62/99 by the Recovery Officer, Debts Recovery Tribunal, Guwahati.2. By the impugned order, the Recovery Officer directed the Regional Director, Reserve Bank of India, Guwahati to deduct the amount of Rs. 3,99,12,814.35 from the Principal Deposit A/c of the Government of Nagaland and further to deposit the same with the Recovery Officer. It may be mentioned here that the learned Tribunal, by the order dated 15.7.2002 passed in OA No. 62/99, issued recovery certificate in favour of the respondent Bank for of Rs. 2,90,94,743.35 with interest thereon @ 10% per annum from the date of filing the application. This order was passed on an application filed by the r...
Lilawati Gupta and ors. Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Jan-31-2004
I.A. Ansari, J.1. Is there any difference in the law governing substitution of a deceased plaintiff/defendant in a civil suit and/or appellant/respondent in a civil appeal, on the one hand, and an applicant/opposite party or petitioner/ opposite party, on the other hand, in a Civil Miscellaneous Proceeding This is the core question, this revision which has been filed against the order, dated 16.08.2002, passed by the learned Civil Judge, (Senior Division) No. 1, Kamrup, Guwahati, in Misc (J) (Arb) No. 199/2002, arising out of T.S. (Arb.) No. 51 / 1994, has raised.2. Let me, first, put, in brief, hereinbelow the facts giving rise to this revision : The Award arising out of a contract agreement, entered into between the parties, was filed by the Arbitrator in the Court of Civil Judge (Senior Division) No. 1, Kamrup, Guwahati, in Title Suit (Arb) No. 51/1994, Sri K.L. Gupta (since deceased) who was one of the parties affected by the Award, filed an application in the Court below for set...
Pannalal Choudhury Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-31-2004
Ranjan Gogoi, J.1. The writ petitioner, who, at the relevant point of tune, was working as the Registrar of the Regional Engineering College, Silchar, now National Institute of Technology has challenged an order dated 16.8.1996 dismissing him from service. It must be noted at this stage that the writ petitioner had retired from service during the pendency of the present writ proceeding and, therefore, the relief, if any, that the writ petitioner may be entitled to would be notional as well as financial.2. Mr. A.K. Bhattacharyya, learned senior counsel for the writ petitioner in course of his very elaborate arguments, though has contended the impugned order of dismissal dated 16.8.1996 to be contrary to law on a number of grounds and reasons, priority to one issue, which goes to the root of the matter, has been accorded by the learned counsel. As the arguments sought to be advanced in respect of all other issues, would become redundant if the aforesaid prime issue is decided in favour ...
National Insurance Co. Ltd. Vs. Nani Gopal Roy and anr.
Court: Guwahati
Decided on: Jan-30-2004
T. Vaiphei, J. 1. I have heard Mr. B. Bhattacharjee, learned counsel for the appellant and Mr. P. R. Barman, learned counsel for the respondents. 2. This appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the Judgment and Award dated 13.8.2003 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala (District Judge) in connection with case No. T.S. (W.C.) 37/2000 in which a sum of Rs. 1,60,000 was awarded to the claimant-respondent with interest at the rate of 9% per annum with effect from 24.8.2000 within a period of two months from the date of passing the impugned Judgment and Award, failing which the rate of interest would be enhanced to 12% per annum.3. The brief facts of the case may be shortly stated :- The appellant is a Government of India undertaking carrying on the business of General Insurance having its Divisional Office at Agartala. The claimant respondent is serving as Bus Conductor in the Tripura Road Transport ...
Kamrup Developers (P) Ltd. and ors. Vs. Deepak Lohia and ors.
Court: Guwahati
Decided on: Jan-29-2004
Ranjan Gogoi, J.1. An order dated 31.12.2001 passed by the Company Law Board, Principal Bench, New Delhi in a proceeding registered under Sections 397/398 of the Companies Act, at the instance of the Respondent No. 1 herein, has been put to challenge in the present appeal filed under Section 10(f) of the Companies Act.2. It will be convenient to recapitulate the essential facts necessary for disposal of the present appeal by referring to the Appellants as the Agarwal Group and the contesting Respondents herein as the Lohia Group.The Respondent No. 1 herein (referred to as the petitioner) had approached the Company Law Board with an application under Sections 397/398 of the Act alleging oppression and mismanagement in the running of the affairs of the appellant Company, i.e., M/s Kamrup Developers Private Limited. According to the petitioner, on the basis of an understanding reached between him and the Agarwal group, the appellant company was incorporated in the year 1998 with an autho...
Bidhan Chandra Sutradhar Vs. Krishna Mohan Teli and ors.
Court: Guwahati
Decided on: Jan-29-2004
P.G. Agarwal, J.1. Heard Mr. B. Kar Purkayastha, the learned counsel for the petitioner and Mr. J. M. Choudhury, the learned counsel for the respondents.2. This revision is directed against the judgment and order dated 27.11.1996 passed by the Sessions Judge, Hailakandi in Sessions Case No. 27/95 acquitting the accused persons from charges Under Section 302/34 and 324/34 IPC.3. The matter relates to an incident that took place on 10.9.1993 at about 1.30 pm at Nagacherra. The case in hand had a chequrred history. The trial was earlier completed whereupon the matter came up to this court and this court directed de novo trial whereupon fresh evidence was recorded and the impugned judgment was passed.4. The dispute is in respect of a plot of land between the complainant side and the accused persons and as per the prosecution on the date of occurrence at about 1.30 pm the accused persons being armed with lathies, ballams etc. assaulted Binode Sutradhar and Bijit causing their deaths.5. On ...
PulIn Goswami Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-28-2004
Amitava Roy, J. 1. Being aggrieved by the non payment of his pensionary benefits the petitioner who had retired from service with effect form 31.3.2000 is before this court.2. I have heard Mr. D, Baruah, leaned counsel, for the petitioner and Mr. H. K. Sarma, learned State counsel. Also heard Mr. A. K. Goswami, learned counsel for respondent No. 4.3. The facts in bare minimum are that the petitioner was initiallyappointed as Addl. Teacher of Karkak L. P. School by order dated 30.7.1953 issued by the Secretary Primary Education Board, Mikir Hills District council, Diphu. The appointment was against a Government sanctioned post. It is the case of the petitioner that he was permanently appointed in the post of Addl. Teacher in the year 1973 and the pay benefit as prescribed was made available to him. He was thereafter promoted as Head Master. Borlanpahar L. P. School under the Karbi District Council, Diphu. His pay was fixed from time to time from Government and same was sanctioned by th...
Dr. M. Laitphlang and ors. Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Jan-28-2004
P.P. Naolekar, C.J.1. A batch of four writ petitions, namely, WP(C) No. 274(SH)/ 2001, WP(C) No. 275(SH)/2001, WP(C) No. 276(SH)/2001 and WP(C) No. 277(SH)/2001, involving similar questions of facts and law, were heard together by the learned Single Judge and decided by common judgment and order, dated 2.1.2003. Aggrieved by the directions contained therein, the private respondents in the said writ petitions have preferred the present five writ appeals, namely, Writ Appeal No. 29/2003, 30/2003, 31/2003, 32/2003 and 33/2003.2. The facts, which are material for the purpose of disposal of the writ appeals, are not in controversy. What emerges as the admitted case of the parties may, in brief, be set out as follows :(i) All the writ petitioners in these appeals are Post Graduates in different specialized fields of medical sciences. Following selection by the Meghalaya Public Service Commission, the writ petitioners joined, on different dates, the Meghalaya Health Service as specialists in...
A.i.A. Enterprise and anr. Vs. Guwahati Metropolitan Development Autho ...
Court: Guwahati
Decided on: Jan-28-2004
Ranjan Gogoi, J.1. An order dated 7.10.2003 passed by the Chief Executive Officer, Guwahati Metropolitan Development Authority (hereinafter referred to as the 'G.M.D.A.') terminating an agreement dated 8.10.2002 executed in favour of the writ petitioner No. 1 for improvement of G.M.D.A.'s Truck Parking Yard at Gotanagar on build, operate and transfer basic (B.O.T.) has been put to challenge in the present writ petition. The facts, in brief, may be noted at the outset :-2. A notice inviting tenders was published by the respondent No. 2 inviting bids for the work of improvement of G.M.D.A.'s Truck Parking Yard at Gotanagor on B.O.T. basis. As per the N.I.T., the successful bidder was required to complete the Parking Yard with its own resources as per the specifications given by the respondent authority. After completion of the work, the successful bidder was to be allowed to operate the Parking Yard for a fixed period and during the period of such operation, the successful bidder was re...