Guwahati Court May 2005 Judgments
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State of Mizoram Vs. Rualhleithanga
Court: Guwahati
Decided on: May-25-2005
B.P. Katakey, J. 1. This reference is made under Rule 9 of the rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills 1937, for confirmation of judgment of conviction passed by the learned Additional District Magistrate (Judicial), Aizawl District, Aizawl in Case No. CRI. Tr. 1604/2001 (Serehip P. S. Case 61/2001) under Section 376(f) of the Indian Penal Code, against the respondent herein and sentencing him to undergo rigorous imprisonment for a period of 10 years with fine of Rs. 2000/- in default to undergo rigorous imprisonment for a further period of six months.2. We have heard Mrs. Helen Dawngliani, learned public prosecutor, Mizoram and Mr. C. Lalramzauva, learned Amicus Curiae for the respondent, appointed by the Court.3. The prosecution story in brief is that on 19-8-2001 a written first information report was lodged in Serchhip police station by Rualkhuma, P. W. 1, father of the victim, of Serchhip Chanmari Veng intimating t...
United India Insurance Co. Ltd. Vs. Rodingliana and anr.
Court: Guwahati
Decided on: May-25-2005
A.H. Saikia, J.1. The judgment and award dated 1.12.2004 passed by learned Member, Motor Accident Claims Tribunal (for short 'the M.A.C.T.') in M.A.C.T. Case No. 66 of 2002 is the subject-matter of challenge in this appeal preferred by the Insurance Company appellant having obtained permission in terms of Section 170 of the Motor Vehicles Act, 1988 (for short 'the Act') to contest the claim on all or any grounds available to the owner of the accident vehicle.2. The facts briefly stated are that one Laikungi, the mother of the claimant, aged about 67 years sustained injuries in a motor vehicle accident on 3.7.2002 at about 10 a.m. while proceeding towards her house at Berawlui of Zemabawk by taxi bearing registration No. MZ 1-A 1933 belonging to one Lalrinchhana, respondent No. 2, which was driven by one Lalramhluna possessing a valid driving licence (private) at the time of accident. The taxi involved in the accident rolled down near the Forest Check Gate while bypassing tank lorry b...
State of Mizoram Vs. Lalrinkhuma
Court: Guwahati
Decided on: May-20-2005
B.P. Katakey, J.1. This appeal is by the State for enhancement of the sentence awarded by the learned Additional District Magistrate (Judicial), Alzawal District, Aizawl, where by the respondents was convicted by a judgment of conviction dated 29-8-2002 under Section 376/342, IPC and sentencing him to undergo rigorous imprisonment for 2 (two) years only passed in G.R. No. 514/98. This appeal has been listed before this division bench pursuant to the order dated 6-5-05 passed by a single bench of this Couri.2. A notice of the appeal was sent to the respondent and in spite of the receipt of the same as none has entered appearance Mr. George Raju, learned counsel has been appointed as Amicus Curiae vide order dated 31-3-2004 for the purpose of defending the respondent.3. We have heard Mr. N. Sailo, the learned P.P. and also Mr. George Raju, the learned Amicus Curiae appointed by the Court.4. The prosecution story in brief is that on 20-3-1998 a first information report was lodged by the ...
Lila Borah Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-19-2005
H.N. Sarma, J.1. Vide tender notice dated 7.1.2005 Sonari Municipal Board, respondent No. 4 invited a tender for settlement of Sonari Municipal Daily Market for the period from 2005-06 commencing from 1.4.2005 to 31.3.2006. The last date for settlement of the tender was fixed on 11.2.2005 upto 1 p.m. Pursuant to the aforesaid tender notice as many as four tenderers including the petitioner and the respondent No. 5 submitted their respective tenders praying for settlement of the said market offering their respective bid - the petitioner offered Rs. 7,80,500 where the respondent No. 5 offered Rs. 7,28,650. As per Clause 2 of the tender notice the tenderers were required to submit original documents such as Myadi Patta, Zamabandi, non-incumbrance certificate, land revenue paying Receipt, Income tax , Sales tax, Municipal tax, Gaon Panchayat tax clearance certificate of tenderers/guarantor along with the tender. The Municipal Board held its meeting on 22.3.2005 for consideration of the se...
Padmanath Sarmah Vs. Hitendra Nath Goswami and ors.
Court: Guwahati
Decided on: May-18-2005
D. Biswas, J.1. Both the petitioner Shri Padmanath Sarmah, hereinafter referred to as the 'election petitioner', and Shri Hitendra Nath Goswami (respondent No. 1), hereinafter referred to as the 'returned candidate', along with others took part in the general election offering their candidatures for election to the Assam Legislative Assembly from Jorhat Legislative Assembly Constituency No. 98.2. The election petitioner was set up by the Indian National Congress while the returned candidate by the Asom Gana Parishad for election to No. 98 Jorhat Legislative Assembly Constituency. On 13.5.2001, the Returning Officer declared the respondent No. 1 elected from the said constituency having secured highest number of votes. The petitioner has challenged the election of the returned candidate on the ground of corrupt practices committed by him, his agents and other persons with his consent. The returned candidate, it is alleged, was a cabinet minister in the AGP Government during the period ...
Prasanna Kumar Nath Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-18-2005
H.N. Sharma, J.1. Heard Mr. A.C. Borbora, the learned Senior counsel appearing for the writ petitioner and Mr. A. C. Buragohain, the learned Addl. Advocate General, Assam for the respondents.2. Both these two writ petitions, i.e., W P (C) No. 1098/05 and W P (C) No. 2029/05 are based on common facts. In W.P.(C) No. 1098/05, the notification No. AAA.5/2005/8 dated 11.2.2005 issued by the Joint Secretary to the Government of Assam, Personnel (A) Department is challenged. By the said notification, the petitioner, on being replaced in the Personnel Department, has been transferred and posted as Deputy Secretary, to the Government of Assam, Election Department, who was till then serving on deputation as Project Director, District Rural Development Agency, Nalbari (here in after referred to as the PD, DRDA, Nalbari).3. In W.P.(C) No. 2029/05, the petitioner has challenged and prayed for quashing of a notification issued under Memo No. NZP/04/1962(A) dated 30.12.2004 addressed to the Commiss...
State of Mizoram and anr. Vs. V.S. Pillai and anr.
Court: Guwahati
Decided on: May-18-2005
A.H. Saikia, J.1. Heard Mr. N. Sailo, learned Government Advocate appearing for the State-applicants and Mr. G. Raju, learned Counsel for the respondents.2. This is an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 103 days in preferring the belated writ appeal being W.A. No. 3/05. The delay has been explained in paragraph 2 of the Misc. application which reads as under:2. That there is however some delay in filing the writ appeal and the circumstances leading to delay may be explained as below:(i) That after the Judgment and Order was delivered by the Learned Member, MACT, Aizawl Single Judge on 1.10.2004, a certified copy of the same was applied on 7.10.2004 and it was made available by the Registry of this Hon'ble Court only on 18.11.2004.(ii) That upon obtaining the certified copy of the Judgment & Order, the Government Advocate forwarded the same to the applicants on 22.11.2004 and the applicants upon receiving the same immediately process...
Ratan Malla and 18 ors. Vs. Sefalli Malla
Court: Guwahati
Decided on: May-18-2005
A.B. Pal, J.1. This is a petition under Sub-section (1)(c) of Section 407 CrPC for transfer or C. R. case No. 1829 of 1999 from the court of Chief Judicial Magistrate (CJM), West Tripura, to the court of Sub Divisional Judicial Magistrate (SDJM), Belonia, South Tripura filed by the 19 petitioners who are accused in the aforesaid case and are residents within the local jurisdiction of the latter court.2. I have heard Mr. A. C. Bhowmik, learned Counsel for the petitioners and Mr. M. Kar Bhowmik, learned sr. counsel assisted by Mrs. M. Debnath, learned advocate.3. The short facts leading the petitioners to file this transfer petition are that the sole respondent Smt. Sefalli Malla is the wife of the first petitioner Ratan Malla and whose marriage had taken place on 28.2.1998. The allegation as discernible from the complaint petition of the respondent which was registered as C.R. 1829/99 is that at the time of marriage the first petitioner demanded Rs. 30,000 apart from gold ornaments, st...
Sandhya Rani Das and anr. Vs. Nilratan Paul and anr.
Court: Guwahati
Decided on: May-18-2005
A.B. Pal, J.1. Heard Mr. B. Das, learned senior Advocate assisted by Ms. S. Das, learned Advocate for the petitioners and Mr. P. Gautam, leaned Advocate for the second respondent, the Divisional Manager, National Insurance Company Ltd., Agartala Division. None has appeared for the first respondent, the owner of TR-02-1210 (Mini Bus).2. By this writ petition under Article 226/227 of the Constitution of India, the petitioners, who are the mother and sister of the deceased workman have questioned the legality and correctness of the impugned order dated 1.6.2004 passed by the Commissioner, Workmen's Compensation, West Tripura, Agartala in Civil Misc. 293 of 2003 arising out of T.S.(W.C) No. 55 of 2003 whereby the prayer for condoning delay of 264 days in presenting the application under Sections 4, 4A and 10 of the Workmen's Compensation Act claiming compensation for the death of Bappi Das alias Biplab Das, a workman during the course of his employment has been rejected.3. The prayer for ...
State Bank of India Vs. Solex Custings and ors.
Court: Guwahati
Decided on: May-17-2005
A.B. Pal, J.1. The State Bank of India has preferred this appeal against the judgment dated 1.3.1997 passed in Money Suit No. 10 of 1994 by the Civil Judge, Senior Division, North Tripura, Dharmanagar, decreeing the suit of the appellant only for an amount of Rs. 3,82,923.63 against the claim of Rs. 21,28,341.99 which includes principal loan amount and interest thereon calculated upto 30.11.1994.2. The short facts giving rise to the present controversy are that the first respondent M/s. Solex Castings, a Firm owned by the second respondent Dipak Chandra Roy was registered as a Small Scale Industry (SSI-). The second respondent applied for loan to the appellant-Bank which was duly considered and on 28.12.1982 an amount of Rs. 5,08,000 was sanctioned. On 14.5.1986, the Bank and the second respondent executed an agreement after the credit facility was enhanced to Rs. 9.67 lakh. As per the terms of the agreement, the second respondent placed at the disposal of the appellant-Bank 4 postal ...
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