Guwahati Court June 2005 Judgments
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Swapna Dhar Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Jun-08-2005
H.N. Sarma, J.1. Heard Mr. C Barua, learned senior counsel appearing on behalf of the petitioner, and also heard Mr. B.L. Singh, learned senior Govt. advocate, Arunachal Pradesh on behalf of the State-respondents. None appeared for the respondent No. 5 at the time of hearing.2. The petitioner has approached this Court challenging an order No. LD/PF-170/02-03/4450 dated 19.2.2003, issued by the Executive Engineer, Longding Division, PWD, Longding informing the petitioner that the service benefit payable to on account of her husband Late Ratan Dhar is payable to his father Gopal Dhar only in terms of the legal heir certificate, issued by the competent authority. The further challenge of the petitioner is another letter No. LD/PF/170/03-04/9574 dated 8.4.2003, by which the Executive Engineer, Longding PWD Division, has informed the petitioner that the petitioner's name not having been declared as heir in the declaration given by Late Ratan Dhar, and as per the order passed by the SDJM, K...
Bipal Bashi Das Vs. Oriental Insurance Co. Ltd.
Court: Guwahati
Decided on: Jun-08-2005
I.A. Ansari, J.1. Thus appeal, preferred under Section 173 the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act') has arisen out of the award dated 12.7.1996, passed, in T.S. (MAC) 163 of 1995, by the Member, Motor Accident claims Tribunal, West Tripura, Agartala (hereinafter referred to as 'the Tribunal') dismissing the application for compensation made under Section 166 of the M.V. Act by the claimant-appellant.2. The material facts leading to the present appeal may, in brief, be set out as follows:The claimant-appellant herein, Smti. Bipal Bashi Das, made an application under Section 166 of the M.V. Act seeking compensation for a sum of Rs. 11,00,000 for the death, of her husband, Kartik Das, who allegedly died in a motor vehicular accident, her case being, in brief, thus : On 6.4.1994, the claimant's husband, Kartik Das, boarded a Jeep bearing registration No. TRT 1867 for going to Teliamura from Taidubazar. Some other passengers also boarded the said Jeep. As A...
Zanghinglova Vs. State Bank of India and ors.
Court: Guwahati
Decided on: Jun-08-2005
B.P. Katakey, J.1. By the present writ petition the petitioner, who was serving in a Grade-IV post of Messenger in the State Bank of India, Kolasib Branch, has challenged the order dated 21.5.2004 passed by the respondent No. 2, namely, Asstt. General Manager, State Bank of India, Aizawl refusing to pay the pensional benefit under the provision of the State Bank of India Employees Pension Fund Rules, 1955 (hereinafter referred as 'Pension Rules') and also the benefit of encashment of balance of Privilege Leave, upon opting for voluntary retirement under the voluntary retirement scheme of the State Bank of India.2. Pacts leading to the filing of the present writ petition are that the petitioner was initially engaged on muster roll basis and thereafter appointed as Messenger in Aizawl branch on 10.10.1980 and confirmed with effect from 10.4.1981. After confirmation he was transferred to Kolasib branch. While the petitioner was serving as Messenger a Voluntary Retirement Scheme was float...
Raj Kumar Bajaj Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-07-2005
I.A. Ansari, J.1. The petitioner, namely, Shri Raj Kumar Bajaj, was served with a Notice, dated 6-6-2000, issued by the respondents directing the petitioner to pay a sum of Rs. 46.680/-, which was claimed to be lying unpaid against phone No. UDL-24756 or else face disconnection of the petitioner's existing telephone No. UDL-24422. Terming the notice so served on him as arbitrary, illegal and unjust, the petitioner has approached this Court, with the present application made under Article 226 of the Constitution of India, seeking issuance of appropriate writ(s) or writs setting aside and quashing the said demand notice and the notice of disconnection.2. The case of the writ petitioner is, in brief, thus : The petitioner is a proprietor of Shree Hanuman Rice Mill, Udalguri, Darrang, and has a telephone in the name of his proprietary concern, namely, Shree Hanuman Rice Mill, the telephone No. being 24422. The petitioner has been paying bills regularly in respect of his telephone No. 2442...
Suriya Begum Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-07-2005
Ranjan Gogoi, J.1. The writ petitioner, Smti. Suriya Begum, is the widow of deceased Nazmui Rasid, who died on 1.8.1995 as a result of a bullet injury sustained by him on the said date in the office chamber of the Officer- in-Charge of Gohpur Police Station. The petitioner lodged a F.I.R. on the next day, i.e., on 2.8.1995 in respect of the incident and on the basis thereof Gohpur P.S Case No. 92/95 was registered under Section 302 IPC. After investigation of the aforesaid case, police submitted a final report on 2.1.1997 taking the view that the death in question was accidental. The final report was accepted by the court under the provisions of the Code of Criminal Procedure. Aggrieved, the writ petitioner instituted the present proceeding before this Court and by an order dated 8.1.2004, this Court had directed a re-investigation of the case to be made at the instance of the Inspector General of Police (CID). The matter was investigated and the IGP (CID) had filed an interim report ...
Achinta Kumar Deb Barma Vs. State Bank of India, Agartala Bazar Branch
Court: Guwahati
Decided on: Jun-03-2005
R.B. Misra, J. 1. Heard Mr. B. Das, learned senior counsel assisted by Mr. N. Majumder, learned Counsel for the petitioner. Also heard Mr. S. Deb, learned senior counsel assisted by Mr. S. Chowdhury, learned Counsel for the respondent.2. The short question for consideration before this Court is as to whether the Division Bench or Single Bench of the High Court could hear the writ petition under Article 226/227 of the Constitution of India against the judgment and order passed by Debt Recovery Tribunal (in short 'the Tribunal').3. The above question has arisen for consideration in reference to an order dated 31-3-2004 passed by the Tribunal, Guwahati in Original Application No. 233 of 1997 where the petitioner was directed to pay an amount of Rs. 34,32,769,73 with interest to the respondent/State Bank of India, Agartala Bazar Branch, Agartala.4. Mr. B. Das, learned senior counsel appearing on behalf of the petitioner while inviting our attention to a decision of this Court dated 6-12-...
Hari Shankar Tewari Vs. State of Tripura
Court: Guwahati
Decided on: Jun-03-2005
A.B. Pal, J.1. These two appeals are interlinked being directed against the judgment dated 17-6-2003 passed by the learned Additional Sessions Judge, South Tripura, Udaipur in Sessions Trial (ST/U) No. 114 of 2000 whereby the convict appellant-Hari Shankar Tewari of Criminal Appeal No. 50 of 2003 has been convicted under Sections 376(2)(b) and 506 of Indian Penal Code (for short I.P.C.) and the accused-respondents Shri R. K. Shukla, Smt. Mita Dutta and Smt. Moutoshi Deb of Criminal Appeal No. 66 of 2003 have been acquitted. The convict appellant who has been sentenced to imprisonment for life with a fine of Rs. 10,000/-, in default six months' rigorous imprisonment under Section 376(2)(b) of the I.P.C. and another term of 2 years' rigorous imprisonment with a fine of Rs. 2,000/-, in default one month's rigorous imprisonment under Section 506, I.P.C. has preferred the above appeal against his conviction and sentence. He has also been slapped with an amount of Rs. 1 lakh to be paid by h...
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