Guwahati Court December 2005 Judgments
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Pursottam Das Chokhani Vs. Sarita Devi Nathani
Court: Guwahati
Decided on: Dec-13-2005
B.S. Reddy, C.J. 1. This appeal preferred under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') is directed against the judgment and order dated 09.07.2004 made in Execution Case No. 1(H)/2004 on the file of the learned District and Sessions Judge at Shillong. The judgment and order is challenged on various grounds and we shall notice the grounds of attack but after noting the relevant facts leading to filing of this appeal. Factual Matrix2. The appellants in this appeal are the joint owners of a plot of land and a three storied RCC building standing thereon situated at Paltan Bazar, Shillong, East Khasi Hills District covered by Shillong Cantonment Holding No. 10CB. The respondent/judgment debtor/defendant is a tenant occupying a room measuring 950 sq. ft. out of the said property (which shall be referred to as the 'scheduled property') for the use and purpose of godown. 3. The case of the appellants is that the scheduled property was let out to ...
Binapani Bhattacharjee Vs. Pratap Bhattacharjee
Court: Guwahati
Decided on: Dec-13-2005
D. Biswas, J.1. The Principal Judge, Family Court, Guwahati by the judgment dated 22.1.1996 passed in Case No. F.C. (Civil) 22/95 granted a decree of divorce at the instance of the respondent-husband with direction to pay Rs. 45,000 as compensation. Being aggrieved thereby, this appeal has been filed by the wife controverting the legality and correctness of the judgment.2. Mr. N. Choudhury, learned Counsel appears for the appellant when the case is called out. None appears for the respondent. We have heard the learned Counsel for the appellant and having regard to the nature of the dispute, we propose to dispose of the same.3. The marriage between the parties was solemnised on 31 st July, 1991 and both of them settled together at Tura. The behaviour of the appellant from the very beginning towards her husband and other elder members of the family was erratic. All attempts to mend her conduct at the instance of the respectable neighbours failed. Eventually, in the month of October, 199...
Farhana Begum Vs. Life Insurance Corporation of India and ors.
Court: Guwahati
Decided on: Dec-13-2005
Ranjan Gogoi, J.1. Both the writ petitions having raised common questions on more or k less similar facts were heard together and are being disposed of by this common judgment and order.2. The petitioner in W.P.(C) No. 7534/2004, Farhana Begum is the widow of one Abdul Jalil, who died on 9.12.2001. Late Abdul Jalil, during his lifetime, had insured himself with the Life Insurance Corporation of India through its office at Aizwal. Two policies were taken out by the deceased, the relevant policy being No. 490428639 for a sum of Rs. 20 lakh. As after the death of Abdul Jalil, payment under the said Policy No. 490428639 was not made and the claims of the petitioner, as the widow of the deceased, were not being finalised, W.P.(C) No. 7534/2804 has been filed seeking an appropriate direction. At the same time the respondent, Life Insurance Corporation of India has instituted a separate proceeding, i.e., W.P.(C) No. 2951/2005 seeking a direction from the court to the authorities of the Silch...
Chandra Prakash Bagaria and anr. Vs. Ashok Kumar Sharma
Court: Guwahati
Decided on: Dec-12-2005
B.K. Sharma, J.1. Heard Mr. P.K. Deka, learned Counsel for the petitioner. Also heard Mr. A.K. Goswami, learned Senior counsel assisted by Mr. S. Banik, learned Counsel for the respondents.2. This is a quashing proceeding initiated by, the petitioner under Section 482 Cr.P.C. in respect of complaint case No. 356C/2005 pending in the Court of the learned Special Judicial Magistrate, Kamrup, Guwahati. The complaint case has been filed by the respondent herein alleging inter alia that the petitioner No. 1 who is the Director of petitioner No. 2 Company has committed an offence under Section 420/406/409/34 IPC against the respondent/complainant in deceiving him to part with an amount of Rs. 4,11,763 (Rs. 3,00,000 + Rs. 1,11,763) which he took as the consideration money for delivering, an Ambulance as the agent of M/s. Mahindra & Mahindra Ltd. The vehicle having not been delivered in spite of repeated requests, it is alleged in the complaint that the accused/petitioners have cheated the co...
United India Insurance Co. Ltd. Vs. Chandana Saha and ors.
Court: Guwahati
Decided on: Dec-09-2005
A.B. Pal, J.1. By this appeal, the United India Insurance Company Ltd being the insurer in relation to the two wheeler involved in the accident has called in question the judgment dated 20.1.2005 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in TS (MAC) No. 182 of 2003 whereby the appellant-insurer has been slapped with an amount of Rs. 5,27,000 to be paid as compensation to the claimants for the accidental death of the deceased Narayan Chandra Saha.2. The factual matrix giving rise to the present claim is that on 14.11.2002 the deceased while travelling as a pillion rider by the scooter TR-01-A-7070 driven by its owner Sanjib Kumar Roy met an accident and died. The allegation is that due to negligent driving by the owner Sanjib Kumar Roy the deceased fell from the scooter, sustained injuries and died on the following day. Against a claim of compensation for an amount of Rs. 38,40,000 by the wife, son and daughter of the deceased, the learned Tri...
Abul HussaIn and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-07-2005
I.A. Ansari, J.1. By this common judgment and order, I, on the request made by the learned Counsel for the parties, propose to dispose of both the writ petitions, for, the two writ petitions are so closely inter-connected with each other that the decision in any of the two writ petitions would have a bearing on the out-come of the other writ petition.2. Let me, now, set out the material facts and various stages, which have given rise to the present two writ petitions:WP(C) No. 3021/2005(i) The petitioners herein, six in number, are duly elected members of Balabari Gaon Panchayat, which falls under the district of Darrang, the petitioner No. 1, namely, Abul Hussain, having been elected as Vice-President of the said Gaon Panchayat. When the respondent No. 8 herein, namely, Mrs. Shamsun Nahar, was functioning as the elected President of the said Gaon Panchayat, the petitioner No. 1, herein, namely, Abul Hussain, who was, then, functioning as Vice-President of the said Gaon Panchayat, sub...
Pranab Kumar Banerjee and anr. Vs. MomIn Ali Alias Mukib Ali
Court: Guwahati
Decided on: Dec-05-2005
B.P. Katakey, J.1. This appeal is directed against the order of temporary injunction dated 3.11.2005 passed by the learned Civil Judge (Senior Division ) No. 1, Guwahati in Misc. (J) Case No. 114/2005 arising out of Title Suit No. 202/2005 restraining the appellants/defendants from interfering with the possession of the respondent/plaintiff over the suit land described in Schedule 'C' of the plaint and Schedule 'B' of Title Suit No. 494/96, till disposal of the suit.2. A suit being Title Suit No. 494/96 was filed by the appellants as plaintiffs against the respondent as defendant, before the then Sadar Munsiff, Guwahati praying for declaration of right title and interest in respect of the Schedule 'A' and 'B' property and also for recovery of khas possession by evicting the present respondent and others from the said suit property. On being decreed, the appeal being Title Appeal No. 80/03 was preferred by the present respondent in the Court of the learned Civil Judge (Senior Division)...
Khemani Engineering Corporation Vs. General Manager, N.F. Railway and ...
Court: Guwahati
Decided on: Dec-05-2005
1. This appeal arises out of an order passed in WP(C) 8899/2004 dated 10.9.2004 by which the learned Single Judge dismissed the writ petition filed by the appellants.2. We have heard Mr. R. L. Yadav, learned Counsel for the petitioner and Mr. J. Singh, learned Senior Standing Counsel of the N.F. Railway for the respondents.3. The case of the appellants, inter alia, is that the appellants took possession of an area of land measuring 1 B 2 Kha 18 L covered by Dag No. 392 (Old)/422 (New NK Patta No. 20) (Old)/1378 (New) of Mouza Garh Pandu, Ramsarani, Vill. Kamakhya, Maligaon in the district of Kamrup, Assam. From the original owner of the land on the basis of an unregistered deed of mortgage executed on 15.5.1964. The Railway authorities having issued notice under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the Act) alleging that the land in question belongs to Railway authorities and thereby public premises within the mean...
Lakhi Patwary and ors. Vs. Madhabi Talukdar and ors.
Court: Guwahati
Decided on: Dec-01-2005
H.N. Sarma, J.1. Heard Mr. S. Sharma, learned Counsel for the appellants and also heard Mr. C.K. Sharma Baruah, learned Senior Counsel appearing on behalf of the respondent Nos. 1 and 2.2. This appeal arises out of a composite order dated 30.11.2002 passed by the learned Civil Judge, Senior Division No. 2, Guwahati in Title Suit No. 53/1992. By the said order, the learned trial court rejected the prayer of the plaintiffs/appellants for setting aside the abatement by condoning the delay in filing the petition for substitution of the legal heirs of the deceased defendant Nos. 3 and 5. The learned trial court also rejected the prayer made by the heirs of the deceased defendant No. 3 for imp leading them as party defendant in the Suit in exercise of power under Order 1, Rule 10 of the Code of Civil Procedure.3. By filing T.S. No. 53/1992 on 18.6.1992 in the court of learned the then Assistant District Judge No. 1, Guwahati, the plaintiffs/appellants, inter alia, prayed for a declaration t...
Management of Teok Tea Estate Vs. Presiding Officer, Labour Court and ...
Court: Guwahati
Decided on: Dec-01-2005
H.N. Sarma, J.1. Heard Mr. C. Baruah, the learned senior Counsel, appearing for the petitioner. None appears on behalf of the respondents workman in spite of service of notice. Ms. R. Chakraborty, learned State Counsel is present for respondent No. 1.2. The management of Teok Tea Estate has filed this writ petition challenging the part of the award passed by the learned Presiding Officer, Labour Court at Dibrugarh in Reference No. 10/1996 by which the learned Tribunal although did not find fault with the domestic enquiry, held that for committing a petty offence, dismissal of the workman from service is harsh and severe one and accordingly, by setting aside the punishment, the workman was directed to be reinstated in service with full back wages with retrospective effect. It is also stated in the said award that the workman should be reinstated with severe warning.3. The respondent-workman was a garden labour employed by the petitioner's Tea Estate and was a workman within the meaning...
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