Guwahati Court September 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
United India Insurance Co. Ltd. Vs. Tlanlawmi and anr.
Court: Guwahati
Decided on: Sep-21-2005
I.A. Ansari, J.1. The claimant-respondent herein made an application under Section 163A of the Motor Vehicles Act, 1988 (in short, 'the M.V. Act') seeking compensation for the death of her husband, Lalruata, who, while driving an auto-rickshaw, on 9.10.2003, was dashed against by a truck and died on the spot. This claim application gave rise to MAC Case No. 122 of 2003.2. As the owner of the said truck did not contest the claim proceedings, the insurer of the said truck, on being permitted in terms of Section 170 of the M.V. Act, contested the proceeding and took all such defences, which were available to the owner of the said truck.3. By the impugned award, dated 2.8.2004, passed in MAC Case No. 122 of 2003 aforementioned, the learned Member, MACT, Aizawl, has granted, in all, Rs. 4,63,200 as compensation in favour of the claimant-respondent with 'interest @ Rs. 9% p.a. from the date of filing of the claim application until realisation of the entire awarded amount. Aggrieved by the a...
United India Insurance Co. Ltd. Vs. Nena Devi and ors.
Court: Guwahati
Decided on: Sep-21-2005
I.A. Ansari, J.1. The claimant-respondent herein applied under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act'), seeking compensation for the death of her son, which, according to the claimant, occurred on 7th November, 2003 at about 11.50 a.m., when claimant's son, namely, Nipendra Singh, aged about 21 years, was proceeding towards Bawngkawn and ran over by the wheels of the public bus bearing registration No. MZ-01/C-1401 at Red Rose, Bawngkawn.2. As the owner of the said bus did not contest the claim proceeding, the present appellant, as insurer of the said bus, was allowed to contest the claim in terms of Section 170 of the M.V. Act and the insurer accordingly took ail such defences, which were available to the owner of the said bus.3. By its award, dated 3rd March, 2005, passed in M.A.C. Case No. 123 of 2003, (learned Member, M.A.C.T., Aizawl, granted, in all, Rs. 4,45,000 as compensation in favour of the claimant and directed payment the...
New India Assurance Co. Ltd. Vs. Malsawmtluanga and anr.
Court: Guwahati
Decided on: Sep-21-2005
I.A. Ansari J.1. For the death of her husband, Lalramsanga Hnamte, aged about 51 year, who died, on 18.8.2001, in a motor vehicular accident, the claimant, as widow of the said deceased, instituted a claim proceeding under Section 166 of the Motor Vehicles Act, 1988 (in short, 'the M.V. Act, 1988') seeking compensation for the death of her husband, who was a Government Teacher, having gross income of Rs. 11,137 per month. This claim application gave rise to MAC Case No. 96 of 2001.2. As the owner of the vehicle involved in the accident did not contest the proceeding, the insurer, on being allowed, in terms of Section 170 of the MV Act, 1988, contested the proceeding on all such grounds, which were available to the owner of the vehicle.3. During the course of the claim proceeding, the widow of the said deceased, who had instituted the claim proceeding, died and the respondent No. 1 herein, who is son of the said deceased claimant and who got himself substituted in the claim proceeding ...
United India Insurance Co. Ltd. Vs. Sapchhawna and anr.
Court: Guwahati
Decided on: Sep-20-2005
I.A. Ansari, J.1. On 1.7.2000, a vehicle (Mahindra Jeep) bearing registration No. MZ-01/A-5156 met with an accident, while the said vehicle was proceeding to Aibawk from Darlung. In the accident, M. Buchhawna, who was travelling in the said vehicle, sustained injuries and succumbed thereto on 7.7.2000. Seeking compensation for the death of the said deceased, an application under Section 163A was made by the claimant respondent herein, who is one of the brothers of the said deceased. This claim application gave rise to MAC No. 43/2002.2. Since the owner of the vehicle did not contest the claim proceeding, the present appellant, as insurer of the said vehicle, on being permitted under Section 170 of the M.V. Act, 1988, contested the proceedings on all such grounds, which were available to the owner of the said vehicle. By the award, dated 17.2.2004, passed in MACT Case No. 43/2002, the learned Member of the Motor Accident Claims Tribunal, Aizawl, granted, in all, Rs. 3,89,000 as compens...
Oriental Insurance Co. Ltd. Vs. Hmingthangzuala and anr.
Court: Guwahati
Decided on: Sep-20-2005
I.A. Ansari J.1. On 24.12.2000, when the claimant-respondent herein, was standing by the side of road at Darlawng, at Aizwal-Lunglei road, the truck bearing registration No. AMC-51 came, and dashed against the claimant and fled away. On being hit by the truck, the claimant fell down and became unconscious. The claimant was carried, in injured condition, to the Civil Hospital, Aizwal, and received medical treatment there. As a result of the accident, the claimant suffered from complete paralysis of the lower part of his body making it impossible for the claimant to move without help of others. The claimant has, therefore, continued to be under medical treatment. With such a description of the accident and also the consequences ensuring therefrom, the claimant made an application under Section 166 of the Motor Vehicles Act, 1988, (in short, 'the MV Act'), seeking compensation. This application gave rise to MAC Case No. 120/2003. As the owner of the said truck did not contest the proceed...
Ch. Lalnghakmawia Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Sep-20-2005
I.A. Ansari, J.1. By order, dated 23.3.2004, the appellant was appointed to the post of Head Constable (Operator) against an existing vacancy in 'the Mizoram Police Radio Organisation. The appellant submitted his joining report on the very day on which the appointment Order was issued. However, barely four days thereafter, i.e., by order, dated 27.2.2004, issued by the Superintendent of Police, Wireless, Mizoram, the, said Order of appointment of the petitioner was cancelled.2. Aggrieved by the said order, dated 27.2.2004, aforementioned, the petitioner came before this Court with a writ application, which gave rise to W.P.(C) No. 32 of 2004, wherein the petitioner/present appellant contended, inter alia, that cancellation of his appointment, without affording him any opportunity of showing cause or hearing, was illegal and the same may be interfered with. The State respondents resisted the writ petition by pointing out, inter alia, that the appointment of the petitioner was void ab i...
State of Mizoram Vs. Lalninghaka
Court: Guwahati
Decided on: Sep-19-2005
I.A. Ansari, J.1. This criminal reference has arisen out of the judgment and order, dated 5.8.2003, passed by the learned Addl. District Magistrate (Judicial), Aizawl, in G.R. Case No. 1 of 1996, convicting the accused Lalninghaka under Section 302 read with Section 34 of the I.P.C. and sentencing him to suffer imprisonment for life.2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows :On 1.1.96 at about 11 p.m., when Laldawnga, accompanied by his wife, Lalhmuaki, was about to reach his home, Vanlalnela (since deceased) who was the younger son of Laldawnga, assaulted Laldawnga at the back of his head. The accused Lalninghaka, who was the elder son of Laldawnga too assaulted his father on the back of his head with a stick and when Laldawnga fell down, Vanlalnela took out a knife, which accused Lalninghaka snatched from his brother and slit the throat of his father, Laldawnga. Thereafter, the said two sons of the deceased Laldawnga with the help ...
State of Mizoram Vs. Vanlalchhanga
Court: Guwahati
Decided on: Sep-19-2005
I.A. Ansari, J.1. This criminal reference has arisen out of the judgment and order, dated 25.10.2004, passed by the learned Addl. District Magistrate (Judl.), Aizawl, in Crl. T.R. No. 1625 of 2003, convicting the accused Vanlalchhanga under Sections 376(2)(f) and 341 of the I.P.C. and sentencing him to suffer rigorous imprisonment for 10 years with a fine of Rs. 3,000 and, in default, to suffer rigorous imprisonment for a further period of two months.2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows:On 17.7.2003 at about 11 A.M., while Ms. X, aged about 9 years, a student of Class-III, was walking down on the steps near Vancy Hotel at Chandmary, accused Vanlalchhanga, who was standing on the stairs, caught hold of both the arms of Ms. X and told her to come with him to buy sweets. As Ms. X refused to go, the accused forcibly dragged her into the said hotel, brought her in one of the double-bedded rooms of the hotel and threatening the said c...
Rohlupuia Vs. State of Mizoram
Court: Guwahati
Decided on: Sep-19-2005
I.A. Ansari, J.1. This criminal appeal is directed against the judgment and order, dated 1.6.2004, passed by the learned Addl. Dy. Commissioner, Champphai District, Champhai, in G.R. Case No. 323 of 2003, convicting the accused-appellant under Section 307 I.P.C. and sentencing him to suffer R.I. for a period of 10 years.2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows:On 24.12.2003 at about 2 p.m., the accused-appellant came home at Hermon Veng, Khawzawl in intoxicated condition. Seeing his father, Zatinduna, sitting at the veranda of their house, the accused-appellant felt angry, for, his parents had not been giving him money despite demands raised by him. So enraged, the accused-appellant broke three tiles of the wall and on hearing the commission, when his father came and tried to stop him, the accused-appellant threw his father on the floor of the house, caught hold of his neck and started strangulating him. Hearing, however, the hue an...
Khundrakpam Nimai Singh Alias Yaikhomba Alias Rameshwar Alias M.C. Ind ...
Court: Guwahati
Decided on: Sep-16-2005
M. BK. Singh, J.1. This petition has been filed under Article 226 of the Constitution of India for enforcing the petitioner's fundamental rights guaranteed under Article 21 and 22 of the Constitution and praying for releasing him by setting aside the relevant detention order passed against him under the National Security Act, 1980.2. We have heard Mr. H. S. Paonam, learned counsel appearing on behalf of the petitioner, Mr. Ibohal, learned Addl. G. A. appearing on behalf of the Government respondent and Mr. N. Ibotombi, CGSC appearing on behalf of the respondent No. 3. We have also perused the materials before the Court.3. On the basis of the materials before the Court and after hearing the submission of the parties through their respective counsel, the following facts are ascertained. While the petitioner was in police custody in connection with investigation of the FIR case No. 105(11)04 MRG P. S., an order, being No. CRIL/NSA/No. 1/2005 dated 4-5-2005, directing for his detention Un...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »