Guwahati Court December 2004 Judgments
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Sunahar Ali and ors. Vs. Abdul Rahman and ors.
Court: Guwahati
Decided on: Dec-06-2004
D. Biswas, Acting C.J.1. This Second Appeal is directed against the judgment and decree dated 12.8.1998 passed by the learned Civil Judge, Senior Division No. 1, Cachar in Title Appeal No. 33/96 affirming the judgment and decree dated 27.6.1996 passed by the Sadar Munsiff, No. 3, Cachar, Silchar in Title Suit No. 193/90.2. The Second Appeal was admitted for hearing on the following substantial question of law :'Whether the evidence so adduced deciding the 'Talaq' matter was admissible and as to whether the finding so arrived at by the learned court below deciding 'Talaq' was a finding which can well be said to be perverse and also as to whether the law relating to inheritance under the Mohammadan law was correctly applied while deciding the matter in favour of the respondents/plaintiff relating to the immovable property of one Abdul Jabbar, whose such property was the subject matter of the suit ?'3. Title Suit No. 193/90 was filed by the plaintiffs for declaration of right, title and ...
Ganesh Chetri and ors. Vs. Zantsemo Murry and ors.
Court: Guwahati
Decided on: Dec-06-2004
B.P. Katakey, J.1. By this application the petitioners have challenged the entire proceeding of T.S. No. 10/04 pending in the Court of the learned ADC(J) Wokha and also the ex parte order of ad interim injunction dated 31.8.2004 passed by the learned Court below restraining the defendant-petitioners or their Agents from undertaking any kind of development, construction, sale of land etc. within the suit land, till further order. 2. I have heard Mr. R. Iralu the learned counsel for the petitioners and Mr. Y.I. Singh the learned counsel for respondents. 3. The writ petitioners by this writ petition sought to invoke the jurisdiction of this Court under Article 227 of the Constitution of India, as according to him the proceedings in T.S. No. 10/04 cannot proceed in view of settlement of the dispute between the parties by the appropriate Court as reflected in Annexures 4 and 5 orders dated 16.5.1996 and 7.8.2004 respectively, passed by the learned Deputy Commissioner, District Magistrate, ...
United India Insurance Co. Ltd. Vs. K.P. Gopinath and ors.
Court: Guwahati
Decided on: Dec-03-2004
B.P. Katakey, J.1. By this appeal the Insurance Company, has challenged the judgment and order dated 4th March, 2004 passed in MAC Case No. 32/03 by the learned Member, Motor Accident Claims Tribunal, Nagaland, Dimapur awarding a sum of Rs. 5,32,000 with interest at the rate of 9% as compensation for the death of Sanjeeb Gopinath.2. This appeal is taken up for disposal at the admission stage itself since the question that arose for consideration by this Court is 'whether the Insurance Company can maintain an appeal challenging the quantum of compensation awarded by the Tribunal without applying and obtaining permission from the Tribunal as required under Section 170 of the Motor Vehicles Act (hereinafter referred to as the Act)'.3. The brief facts leading to the filing of the claim petition before the learned Tribunal is that, one Sanjeeb Gopinath son of the claimant Nos. 1 and 2 and brother of the claimant No. 3 died in a motor accident on 10th November, 2002. The deceased who was tr...
Amit Agarwal Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-03-2004
A.H. Saikia, J.1. Heard Mr. A.K. Bhattacharjee, learned senior counsel assisted by K.L. Agarwal, Mr. R.J. Baruah, Mr. A.K. Choudhury, learned Counsel appearing for the petitioner. Also heard Mr. K.N. Choudhury, learned Addl. Advocate General, Assam assisted by Mr. B.J. Talukdar, learned Counsel on behalf of the State respondents and Mr. H. Rahman, learned senior CGSC representing the Union of India.2. In this habeas corpus petition, the detenu-petitioner has challenged the detention order dated 26.8.2004 passed by the District Magistrate in-charge, Golaghat, respondent No. 6 (hereinafter called as the respondent No. 6) detaining him under Section 3(1) of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short, 'the Act') in connection with Dergaon PS Case No. 175/03 under Sections 120(B)/379/411/468/471/472 IPC read with Section 7(1)(c) of E.C. Act and read with Section 23/24 of Petroleum Act, 1984 as reflected in the impugned deten...
Nurul HussaIn Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-03-2004
D. Biswas, Actg. C.J.1. Heard Mr. AC Borbora, learned senior counsel for the petitioner, Mr. D. Baruah, learned Addl. CGSC and Mrs. A. Aier, learned State counsel.2. The detention of the petitioner Shri Nurul Hussain under Section 3 of the National Security Act, 1980 is in challenge in this petition.3. The Chief Secretary (Home), Govt. of Nagaland in exercise of the powers conferred upon him under Sub-sections (1) and (2) of Section 3 of the Act of 1980 ordered that the petitioner be detained and kept in Central Jail, Dimpaur. The order has been passed after being satisfied that the petitioner has been acting in a manner prejudicial to the defence of India, security of the State of Nagaland and maintenance of public order.4. Along with the detention order the grounds of detention have been furnished. A recital of the grounds of detention indicates that the petitioner was informed of his right to prefer representation to the detaining authority and the State Government through the conc...
Smti Maya Rani Banik and anr. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-03-2004
H.N. Sharma, J.1. This First Appeal has been filed challenging the judgment and order passed in Title Suit (Fatal Accident) No. 2 of 1995 by the learned District Judge. South Tripura, Udaipur dated 31-1-1996 dismissing the suit and thereby rejecting the claim of the appellants for compensation on account of death of one Dilip Banik, husband and father of the appellant Nos. 1 and 2 respectively.2. The necessary facts for deciding the appeal are as follows :-The appellant No. 1 viz. Smti Maya Rani Banik filed the claim petition in the Court of the learned District Judge, South Tripura which was registered as T.S. (Fatal Accident) No. 2 of 1995 alleging, inter alia, that the claimant is the widow of deceased Dilip Banik who died due to electrocution on 8-10-1992 while he was by chance came in contact with the barbed wire fencing of the electrical transmitter located near Jagannath Bari, Udaipur as the said barbed wire fencing was charged by electric current due to negligence of the respo...
Paresh Chandra Banik Vs. State Bank of India and anr.
Court: Guwahati
Decided on: Dec-03-2004
H.N. Sharma, J.1. This first appeal arises out of judgment and decree dated 24.8.1996 and 28.8.1996 respectively passed by the learned Civil Judge, Senior Division, South Tripura Udaipur in Title Suit (Mortgage) No. 31 of 1992, decreeing the suit of the plaintiff-Bank passing a preliminary decree with cost. The appellant herein was impleaded as Defendant No. 2 in the suit, who was the guarantor in respect of the loan, availed by the Defendant No. 1. The Defendant No. 1 loanee who availed the loan from the Bank has not challenged the impugned judgment and decree which was passed exparte against him.2. The case of the plaintiff-Bank is that on the prayer of the Defendant No. 1 Shri Subash Saha, the Bank sanctioned a loan for a sum of Rs. 1,44,900 in his favour for purchasing a truck and assessories for carrying out transport business, inter alia on condition that the Defendant loanee would repay the same on equal monthly installment of Rs. 5,500 and the first monthly installment to be p...
Bipul Chandra Tamuly Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-02-2004
B.P. Katake, J.1. The petitioner by this writ application has basically challenged the order dated 22.3.1999 issued by the Deputy Commissioner of Nagaon imposing punishment on the petitioner on the basis of the disciplinary enquiry initiated against him pursuant to the show cause notice dated 3.10.1997 (Annexure-5 to the writ petition).2. I have heard Mr. A.K.Purkayastha, learned senior counsel for the petitioner and Mr. R.K. Bora, learned State counsel appearing for the respondents.3. The writ petitioner has challenged the order passed by the Deputy Commissioner imposing punishment on the ground of violation of the mandatory provision of Rule 9 of the Assam Service (Discipline and Appeal) Rules, 1964 and also on the ground that the disciplinary authority before passing the impugned order of punishment has not supplied the enquiry report submitted by the Enquiry Officer so as to enable the writ petitioner to make a representation against the said report which caused prejudice to him. ...
Niharedu Majumder Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-02-2004
H.N. Sharma, J.1. This first appeal arises out of the judgment and decree dated 24.7.1996 and 29.7.1996 respectively by the learned Civil Judge (Senior Division), Court No. 1, West Tripura at Agartala dismissing the Money Suit No. 6 of 1990 filed by the plaintiff-appellant.2. The appellant and plaintiff filed the aforesaid suit for recovery of rent with interest from the defendants. The case of the plaintiff-appellant is that he is the owner and possessor of a holding at Ramnagar Road No. 7 as described in the schedule of the plaintiff. The said holding contains 2 buildings and one of the said buildings was leased out to the District Inspector of Social Education, Government of Tripura on monthly rental basis with effect from 1-1-1986. The parties entered into an agreement containing necessary stipulation of them lease, according to which the rent of the building would be fixed as per assessment as well as fair rent certificate to be issued by the Public Works Department, Government o...
Eastern Enterprises and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-02-2004
D. Biswas, Ag. C.J.1. The Writ Petitions (C) Nos. 5342, 5343 and 5344 of 2004 are taken up together for disposal.2. The petitioner No. 1 in all the three writ petitions is a partnership firm having its office at Panbazar, Guwahati, and the petitioner No. 2 is one of the partners of the firm. The notice dated June 22, 2004 issued by the Joint Commissioner of Taxes, Assam, in purported exercise of powers under Section 36(1) of the Assam General Sales Tax Act, 1993 is in challenge in these three petitions. The notice reads as follows :To M/s. Eastern Enterprises, M.L. Nehru Road, Panbazar, Guwahati-1.Sub : Show cause notice contemplating revision under Section 36(1) of the Assam General Sales Tax Act, 1993 of the revised assessment order for assessment years 1993-94, 1994-95 and assessment order for assessment year 1996-97.While examining the refund petitions submitted by you for assessment years 1993-94, 1994-95 and 1996-97 and keeping in view the direction of the honourable Court, it ...
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