Guwahati Court February 2005 Judgments

Sivaji Saha Vs. Shah Md. Farid and anr.

Court: Guwahati

B.K. Roy, C.J.1. The appellant is tenant for whose ejectment the respondents filed Title Suit No. 184/2001 on the grounds set forth in the plaint (copy appended as Annexure 1). The appellant appeared in the suit, filed written statement (copy appended as Annexure 2) and contested the suit. The parties lead evidence In support of their respective cases. The suit was fixed for argument. On behalf of the plaintiffs-respondents arguments were completed. The appellant's argument commenced. During the argument, the appellant's counsel placed reliance on statement made by PW 1 (plaintiff No. 2) in her cross-examination which was to the effect that the cheques, which were handed over by the appellant, were not encashed. The plaintiff filed an application under Section 153 CPC read with Section 151 CPC praying that the words 'satya no-hoi' which were omitted to be recorded by the Court, which was stated by the PW 1 during her cross-examination, about which the plaintiffs came to know only on y...

Headmaster Vs. Sandhya Das and ors.

Court: Guwahati

A.B. Pal, J.1. I have heard Mr. A.K. Bhowmik, learned senior counsel for the applicant and Mr. B. Das, learned senior counsel for the respondents at length.2. This is an application under Sub-section (4) of Section 378 of the Code of Criminal Procedure seeking special leave to file appeal against acquittal ordered on 24.6.2004 by Additional Sessions Judge, West, Tripura, Agartala in Criminal Appeal No. 47 of 1 993.3. Succinctly stated, the factual matrix leading to the present application is that the applicant herein being the Headmaster of Netaji Subhas Vidyaniketan, Agartala lodged a complaint against Sukumar Ranjan Das, who was clerk-cum-cashier in that institution alleging that he had misappropriated Rs. 20.402.89P from the school fund during the period from 12.9.1986 to 21.11.1986. The complaint was registered as CR 60 of 1987 in the court of Chief Judicial Magistrate, West Tripura, Agartala under Section 408 I.P.C. and after trial, said Sukumar Ranjan Das was convicted under Sec...

Ram Prasad Kumar and anr. Vs. Suuraj Nath Goala and ors.

Court: Guwahati

Ranjan Gogoi, J.1. This is a defendants' Second Appeal against the judgment and decree of reversal. Initially the suit of the respondents/plaintiffs was dismissed by the learned trial Court on 8.4.1994. The plaintiffs instituted Title Appeal No. 32/1994 challenging the aforementioned judgment and decree of dismissal of the suit and the decree having been reversed by the learned first Appellate Court, this Second Appeal has been filed by the defendants in the suit.2. The case of the respondents/plaintiffs in the plaint filed, shortly put, is that one Binoy Mazumdar was the owner of the suit land and the predecessor of the defendants, one Satyanarayan Kurmi, had taken the suit land on lease by a registered lease deed dated 5.2.1961, for a period of ten years. According to the plaintiffs, the defendants' predecessor and his brother one Haricharan Kurmi attempted to take forcible possession of the land adjacent to the suit land for which reason Binoy Mazumdar, as the plaintiff, instituted...

Chalthiangi Vs. State of Mizoram and ors.

Court: Guwahati

T. Nandakumar Singh, J.1. The present Title Suit No. 2 of 1990 of the Court of Additional District Magistrate (J), Lunglei District has a very chequered history. This case has come up for the second time before this Court after the first round from Trial Court upto the Division Bench of this Court. It appears that after the two judgment & orders of the learned Trial Court and Judgment & Order of this Court dated 25.5.2001, there is not much dispute about the facts between the present Appellant (Plaintiff of the Title Suit No. 2/90) and present Respondents, i.e. Defendant Nos. 1-8 of the Title Suit No. 2/90. As such, in order to avoid repetition of facts and repeated discussion of the statements of PWs and DWs, this Appeal is being decided on the question of law referring to the admitted facts as and when necessary by mentioning the fact and evidence in the most precised terms.2. Heard Mr. George Raju, learned counsel for the Appellant and Mr. N. Sailo, learned Govt. Advocate for the R...

S.S.E. Private Ltd. Vs. the State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. The question that arises for determination in this writ petition is whether 'soyabari' or 'soya nuggets' manufactured/prepared by the petitioner falls within Item 1(b) of Schedule II of the Assam General Sales Tax Act, 1993 or whether the said item falls under item No. 2 of Schedule III to the aforesaid Act. It may be noticed at this stage that commodities includible under item 1(b) of Schedule II attracts levy of tax at the rate of 4% whereas those covered by Item 2 of Schedule III attracts a levy of tax at the rate of 8%. While according to the petitioner assessee. Soya Nugget, manufactured by it is an item of dry vegetable and therefore would be appropriately classifiable under Item 1(b) of Schedule II, the respondents contend that the said item manufactured by the petitioner assessee would fall under the residuary items covered by Serial No. 2 of Schedule III to the Act.2. In the writ petition filed, averments have been made by the writ petitioner to show the ac...

Sanjib Puzari Vs. Assam State Electricity Board and ors.

Court: Guwahati

Reported in: [2005(105)FLR1142]

D. Biswas, J.1. Heard Mr. N.K. Baruah, learned Counsel for the petitioner and Mr. D. Singh, learned Counsel for the respondent-Board.Petitioner's father late Durge Nath Puzari was a grade IV employee (Black Smith) of the Jorhat Electrical Devision-I under the Assam State Electricity Board. On 9.5.1998 while he was on duty, he suffered a heart attack and died. It is alleged that the incumbent died leaving his window, the petition and two minor daughters. The family plunged into deep financial crisis on sudden death of the only bread earner of the family. The petitioner thereafter submitted an application on 2.6.1998 before the Administrative Officer (Electrical), Assam State Electricity Board for appointment on compassionate ground. The said application with other connected documents was forwarded to the Executive Engineer, Jorhat Electrical Division who in turn vide letter dated 3.6.1998 forwarded the same to the Personnel Manager, ASEB Guwahati-1 for taking necessary action. According...

Suren Chandra Das and anr. Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. In exercise of the referred jurisdiction vested in us on a reference being made by a Division Bench of this Court, the following two questions are required to be answered :(1) Whether a private vehicle can be requisitioned under the Act; and(2) Whether a scooter or a motorcycle will come within the definition of vehicle as given under Section 3 of the Act.2. The present reference has been made in the following circumstances.A Division Bench of this Court in the case of Hemanta Kumar Sarma and Ors. v. State of Assam and Ors., reported in (1991) 1 GLR 52 has held that the power of requisition of vehicles under Section 3 of the Assam Requisition and Control of Vehicles Act, 1968 (herein after referred to as 'the Act') would not extend to private vehicles and the Division Bench had, accordingly, read down the provisions of Section 3 of the Act to exclude private vehicles. Another Division Bench of this Court hearing the present writ petition having taken the view that t...

Md. Jiaur Rahman Vs. State of Assam

Court: Guwahati

H.N. Sarma, J.1. This revision petition is directed against the judgment and order passed by the learned Sessions Judge, Morigaon in Crl. Misc. Case No. 17/2002 dated 27-11-2002 arising out of Sessions Case No. 79/2001. By the aforesaid order, the learned Sessions Judge directed the petitioner to pay a sum of Rs. 1000/- to each of the accused persons, failing which to suffer rigorous imprisonment for l(one) month in exercise of power under Section 250, Cr. P.C.2. I have heard Mr. J. M. Choudhury, learned Senior Counsel appearing for the petitioner and Mr. P.C. Gayan, learned Addl. P.P. for the Respondent State.3. The necessary facts relevant for the purpose of disposal of this petition may be stated as follows : the petitioner is a Sub-Inspector of Police of the Assam Police and during the year 1998 the petitioner was posted at Nallie Police Outpost under the Jagiroad Police Station in the Morigaon District where he was in charge of the Nallie Police Outpost. On the basis of an FIR lo...

Oriental Insurance Co. Ltd. Vs. Liansangpuii and anr.

Court: Guwahati

T. Nandakumar Singh, J. 1. Heard Mr. SN Meitei, learned counsel for the petitioner and Mr. M. Guite, learned counsel appearing on behalf of the respondents.2. This revision petition is filed by the Insurance company and it is directed against the judgment and order dated 6.2.2004 passed in MACT Case No. 6/2002 wherein the learned Tribunal had awarded compensation of Rs. 11,62,948 and further directed the Insurance Company, i.e., the present petitioner to pay the said awarded amount of compensation with interest at the rate of 9% per annum from the date of filing claim petition till realisation from the insurance company/ present petitioner.3. The following short facts will suffice for disposing of the present revision petition :One Ngurthangi, met with a motor accident on 15.8.2000 in between Aizawl Tuirial. The offending Maruti. Taxi, bearing registration No. MZ-01-A/8526 is admittedly insured with the present petitioner/ Insurance company. For that accident, respondent No. 1, Miss L...

Rehan Ahmed Laskar Vs. State Bank of India and ors.

Court: Guwahati

Amitava Roy, J.1. The petitioner assails the penalty of his dismissal from service and the decision of the appellate authority confirming the same and seeks an appropriate writ and/or direction to the respondent authorities to release all consequential service benefits to him. The petitioner, who was scheduled to retire with effect from March 31, 1998, following the disciplinary proceeding under challenge stands dismissed with effect from that date.2. I have heard Mr. K. N. Choudhury, senior advocate assisted by Mr. S. Shyam, advocate for the petitioner and Mr. A.K. Phukan, senior advocate assisted by Mr. S.S. Sharma, senior advocate and Mr. R.K. Bhatra, advocate for the respondent Bank.3. To better comprehend the rival' contentions, the pleaded facts have to be taken note of. The petitioner who had joined the service of the State Bank of India (hereinafter referred to as the 'Bank') in the early sixties was posted as General Manager (Operations), • North Eastern Circle of the Ba...