Guwahati Court June 2005 Judgments

Prabir Kumar Das and ors. Vs. Amulya Bhushan Paul

Court: Guwahati

I.A. Ansari, J.1. This Letters Patent Appeal has a fairly long history. The plaintiffs-appellants instituted the suit for specific performance of the agreement for sale of the suit property. The trial Court decreed the suit. The defendants preferred the first appeal before the Judicial Commissioner, Tripura, which was, subsequently, transferred to this High Court. The learned single Judge of the High Court, on 5-7-1974, allowed the appeal of the defendant and set aside the impugned decree. The plaintiffs, on 3-8-1974, filed a Letters Patent Appeal in the High Court, but when the appeal came up for hearing, the same was dismissed on the ground that it was not maintainable in view of Section 100-A of the Civil Procedure Code (in short 'the Code'), which had come into force as a result of the amendment: of the Code, with effect from 1-2-1977. The plaintiff appellants, then, carried the matter to the Hon'ble Supreme Court and by judgment and order, dated 13-3-2001, passed in Civil Appeal ...

Oriental Insurance Co. Ltd. Vs. Abeda Begum and ors.

Court: Guwahati

B.K. Roy, C.J.1. Following question has been referred to by a learned single Judge for our decision:Whether the Motor Accidents Claims Tribunal is a court within the meaning of Section 115 of the Civil Procedure Code?While making reference the learned single Judge has noted that there are following two conflicting decisions of the learned single Judges: (1) State of Assam v. Pranesh Debnath (Gauhati) and (2) United India Insurance Co. Ltd. v. Dilip Chakraborty (1995) 2 GLJ 107. It appears that the attention of the learned single Judge was not drawn to a Division Bench decision in National Insurance Co. Ltd. v. Gurbox Singh 2003 (1) GLT 349, categorically answering the question posed in the affirmative.We have heard at length Mr. S.K. Goswami, learned Counsel for the petitioner and Mr. B.K. Jain, learned Counsel for the caveator. The learned Counsel could not satisfy us that the Division Bench judgment in Gurbox Singh's case, 2003 (1) GLT 349, which is binding on us, requires reconside...

B.L. Roy and Co. Vs. State of Tripura and ors.

Court: Guwahati

A. Hazarika, J.1. By this writ petition the petitioner has prayed for setting aside, and/or quashing and/or canceling the impugned order of assessment dated November 30, 1993 passed by the Superintendent of Taxes, Charge-I, Government of Tripura, Agartala (annexure-A), the first appellate order dated June 14, 1993 passed by the Additional Commissioner of Taxes, Government of Tripura (annexure-B) and the second appellate order dated January 10, 1995 passed by the Tripura Sales Tax Tribunal, Government of Tripura (annexure-D), as well as, for setting aside and/or striking down the provision of Section 3A of the Tripura Sales Tax Act as amended by the Fourth Amendment Act of the said Act in so far as retrospectivity provision is concerned.2. The short question that really falls for examination is whether the petitioner's firm is liable to pay sales tax with retrospective effect as per the Tripura Sales Tax (Fourth Amendment) Act, 1987 wherein in Section 1, sub-Section (3) it has been spe...

Padma Khaklari Vs. Sujit Kumar Roy and ors.

Court: Guwahati

P.G. Agarwal, J.1. This appeal under Section 173(1) of Motor Vehicles Act, 1988 (for short 'the Act'), is directed against the judgment and order dated 30.8.2001 passed by learned Member, Motor Accidents Claims Tribunal, Dibrugarh, in M.A.C. Case No. 26 of 1996 dismissing the claim petition filed by the appellant.2. The appellant had filed an application under Section 166 of the Act before the Motor Accidents Claims Tribunal, Dibrugarh, stating, inter alia, that on 27.10.1995 while he was standing by the side of the road, the driver of the offending vehicle bearing registration No. NL-04 0099 suddenly drove the vehicle without giving any signal or blowing horn the rear wheels of which ran over his feet causing grievous injuries to him as a result of which he has suffered permanent disability and his earning capacity has been reduced. He arrayed United India Insurance Co. Ltd. with which the offending vehicle was insured besides the owner as party.3. The insurer filed a written stateme...

Oil India Limited Vs. Neil Rose and ors.

Court: Guwahati

Amitava Roy, J.1. This appeal under Section 173 of the Motor Vehicle Act, 1988, (hereafter referred to as 'the Act') puts to challenge the award dated 15.10.2004 passed by the Motor Accident Claims Tribunal, Kamrup, (hereafter referred to as 'the Tribunal') in MAC case No. 809/1995 saddling the appellant with the liability of paying an amount of Rs. 2,00,000 as compensation for accidental death of Smt. Julima Rose involving a bus bearing registration No. AS01C 0342.2. I have heard Mr. S.N. Sharma, learned senior counsel assisted by Mr. A.N. Choudhury, Advocate for the appellant and Mr. M. Bhuiyan, Advocate for the respondent No. 1/claimant.3. First the introductory facts. A claim application was filed by the respondent No. I/claimant before the learned Tribunal claiming compensation to the tune of Rs. 20,00,000 for the death of his wife Smt. Julima Rose caused due to a vehicular accident involving the Mini Bus bearing No. AS-01C, 0342 owned by the respondent No. 2 but contracted by th...

Vishnu Prasad Sharma Vs. Union of India (Uoi) and ors.

Court: Guwahati

Reported in: [2005(106)FLR976]

B.K. Sharma, J.1. The grievance raised in this writ petition is in respect of denial of compassionate appointment to the petitioner who is physically handicapped (deaf and dumb).2. Shortly stated, the facts leading to the filing of the instant writ petition are as follows:3. The father of the petitioner, namely Rabilal Sarmah while was serving as Valveman under the respondents died on 13.2.1995 leaving behind his wife two daughters and two sons one of which is the petitioner who is physically handicapped. It will be pertinent to mention here that at the time of death of the father of the petitioner, the second son, the younger brother of the petitioner was aged about 9 years and his two sisters were aged about 14 and 11 years, while the petitioner himself was aged about 18 years and 6 months.4. After the death of the father of the petitioner, the petitioner made an application on 15.7.1995 for his appointment on compassionate ground. Alongwith the said application, the petitioner enclo...

New India Assurance Co. Ltd. Vs. Lalnghilhlovi and anr.

Court: Guwahati

B.P. Katakey, J.1. Heard Mr. George Raju, learned Counsel for the petitioner, New India Assurance Co. Ltd. None has appeared for claimant-respondent No. 1.2. By this present writ petition, the insurance company seeking to invoke the jurisdiction of this Court under Article 227 of the Constitution of India, challenging the judgment and award dated 12.7.2002 passed by the learned Member, M.A.C.T., Aizwal in M.A.C.T. Case No. 93 of 2000 awarding a sum of Rs. 1,59,000 to the claimant-respondent No. 1 as compensation for the death of her son who was 2 years old.3. The claim petition being M.A.C.T. Case No. 93 of 2000 filed by respondent No. 1 against respondent No. 2 as well as the present writ petitioner, being the owner and the insurance company respectively, claiming compensation for the death of her son who was 2 years old, in respect of the accident occurred on 17.8.2000 arising out of the use of motor vehicle bearing registration No. MZ 01-9509 (city town bus) belonging to the owner,...

Chairman and Managing Director, Hindusthan Paper Corporation Ltd. and ...

Court: Guwahati

T. Nandkumar Singh, J.1. This is an application for review of the ex parte judgment and order of this Court dated 24.1.2005 passed in Writ Appeal No. 512 of 1997 (Gauhati)/WA No. 1(K) of 1999.2. It is a settled position in law that no judicial order passed by any superior court in judicial proceedings can be said to have violated any of the fundamental rights enshrined in Part III of the Constitution of India. It may, further be noted that the superior court of justice do not also fall within the ambit of State or other authorities under Article 12 of the Constitution of India. [Ref: --Rupa Ashok Hurra v. Ashok Hurra and Anr. : [2002]2SCR1006 . This is also a settled position of law that principles of finality of the judgment of the superior court should be maintained inasmuch as the Review Petitions are not to be taken as a routine course. It is also equally well settled that the Court should act ex-debito justitiae as may be necessary in the interest of justice or necessary to do so...

Partha Sarathi Choudhury Vs. Union of India (Uoi) and ors.

Court: Guwahati

Reported in: [2005(106)FLR1099]

R.B. Misra, J.1. Heard Mr. A.K. Goswami learned Counsel for the petitioner and Mrs. G. Sinha, learned C.G.S.C.2. In this petition prayer has been made seeking writ of mandamus directing the respondents to appoint the petitioner on compassionate ground and to quash the impugned order dated 14.12.2001 (Annexure 3 to the writ petition) whereby the representation dated 30.12.1992 was rejected by the Chief Engineer, Eastern Command regarding the claim of the petitioner for compassionate appointment.3. The case of the writ petitioner is that the father of the petitioner, who had served as electrician of garrison Engineers under the Indian Army, had died in harness on 9.12.1992 living behind his wife, three sons and a daughter. The petitioner had filed an application on 30.12.1992 before, the competent authority for appointment on compassionate ground, which was considered and rejected vide order dated 14.12.2001. Paragraph 3 of the impugned order reads as follows:3. According to available, i...

Dhananjay Mudoi and anr. Vs. Smt. Guan Mudoi and ors.

Court: Guwahati

Amitava Roy, J.1. This appeal is directed against the judgment and order dated 15-12-2004 passed by the learned Civil Judge (Sr. Division) No. 2, Guwahati, in Title Appeal No. 38/2003 reversing the judgment and decree dated 2-4-2003 passed by the learned Civil Judge (Junior Division) No. 1, in Title Suit No. 59/2000 decreeing the suit of the present respondents/plaintiffs.2.I have heard Mr. P.C. Goswami, learned Counsel for the appellants/defendants. None has appeared for the respondents/plaintiffs.3.The predecessor in interest of the respondents/plaintiffs', Shri Maheswar Mudoi filed a suit against the present appellants' praying for a decree inter alia for declaration of his right, title and interest in and confirmation of possession of the land described in schedule 'A' to the plaint. A decree for possession of the land described in schedule 'B' was also prayed for. The pleaded case of the plaintiff was that his father Shri Sonaichand Mudoi (since deceased) was the absolute owner o...