Guwahati Court September 2005 Judgments

Badal Debnath and anr. Vs. State of Nagaland

Court: Guwahati

B.P. Katakey, J.1. This appeal is directed against the judgment of conviction dated d 25.6.2002 passed by the learned Additional Deputy Commissioner (Judicial) Dimapur, Nagaland in G.R. Case No. 244/98 convicting the appellants under Section 3Q2/34 IPC and sentencing them to undergo imprisonment for life.2. The prosecution case in brief is that on 19.4.1998, the appellants, Japu and Shyam killed Dhiren Singh whose dead body was found floating in a pond. The First Information Report was lodged by Shri Babu Singh on 21.4.1998 in East Police Station Dimapur alleging that the appellants alogn with 2 others killed Dhiren Singh on 19th April, 1998. The Police on receipt of the said information registration East Police, Dimapur Case No. 113/98 under Section 302 IPC and took up the investigation. Upon completion of the investigation, the charge sheet was filed against Japu @ Raju Sarkar. Badal Debnath as well as Bhaiti @ Depak Dheka. The learned trial court thereafter framed charge against th...

Surjya Das Vs. Assam State Electricity Board and ors.

Court: Guwahati

Reported in: III(2006)ACC36; AIR2006Gau59; (2006)2GLR387

1. This writ application has been filed seeking compensation for the death of the petitioner's wife that had occurred in an incident of electrocution on 13-8-1999. According to the petitioner, on the fateful day at about 5 p.m. the petitioner's wife, who was a daily wage earner, was working in a paddy field when an electric wire of high intensity fell on her leading to her death. In the writ petition filed, the petitioner has further averred that an FIR in respect of the aforesaid incident was lodged with the jurisdictional police station, i.e. Chaigaon Police Station and an Unnatural Death Case being No. 9/99 was registered in respect of the said incident. According to the petitioner, post mortem of the body of the deceased was performed and the post mortem report indicates that the death of the petitioner's wife had occurred on account of electrocution. The petitioner has further averred in the writ petition filed that it is only after failing to get the matter of compensation redres...

Surjya Das Vs. Assam State Electricity Board and ors.

Court: Guwahati

Reported in: III(2006)ACC36,AIR2006Gau59,(2006)2GLR387

ORDERRanjan Gogoi, J.1. This writ application has been filed seeking compensation for the death of the petitioner's wife that had occurred in an incident of electrocution on 13-8-1999. According to the petitioner, on the fateful day at about 5 p.m. the petitioner's wife, who was a daily wage earner, was working in a paddy field when an electric wire of high intensity fell on her leading to her death. In the writ petition filed, the petitioner has further averred that an FIR in respect of the aforesaid incident was lodged with the jurisdictional police station, i.e. Chaigaon Police Station and an Unnatural Death Case being No. 9/99 was registered in respect of the said incident. According to the petitioner, post mortem of the body of the deceased was performed and the post mortem report indicates that the death of the petitioner's wife had occurred on account of electrocution. The petitioner has further averred in the writ petition filed that it is only after failing to get the matter o...

Saleha Khatun Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. Heard Mr. H. Rahman, learned Counsel for the petitioner and Mr. P.K. Mushahary, learned Senior Government Advocate, Assam appearing for the official respondents.2. The writ petitioner was appointed as an Anganbadi worker in the Child Development Project at Boko by order dated 19.7.1979. The petitioner appeared in a selection for the purpose of promotion to the higher post of Anganbadi Supervisor and claims to have been placed at serial No. 5 of the merit list prepared. According to the petitioner, the aforesaid merit list was prepared in the year 2001 and all the other 34 candidates whose names were included in the said merit list including those placed below the petitioner in order of merit were appointed but somehow the petitioner was left out. In these circumstances the petitioner has instituted the present writ application wherein an order was passed by this Court on 5.12.2001 requiring the Director of Social Welfare, Government of Assam to place before the Cour...

Baneswar Dutta Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J. 1. Heard Mr. S.C. Biswas, learned Counsel for the petitioner and Mr. G. Soren, learned Government Advocate, Assam.2. The writ petitioner was initially appointed as a Muster Roll worker in the office of the Manager, District Poultry Farm, Tezpur under the Animal Husbandry and Veterinary Department of the State of Assam. The aforesaid appointment was made sometime in the year 1973. The petitioner claims to have continued to work in the said capacity and in the same establishment, i.e., of the Manager, District Poultry Farm uninterruptedly and without any break until the year 1985. By an order dated 30.6.1985 he was transferred and appointed in the office of the Research Officer, Coordinated Poultry Breeding Project, Tezpur. Thereafter, by an order dated 4th of April, 1988 he was appointed as a L.D.A.-cum-Typist on a regular scale of pay but against a leave vacancy. The aforesaid appointment was in the same establishment, i.e., office of the Research Officer, Coordinate...

New India Assurance Co. Ltd. Vs. Charubala Das and ors.

Court: Guwahati

I.A. Ansari, J.1. This revision is directed against the order dated 29.4.2003, passed by learned Member, Motor Accidents Claims Tribunal, Barpeta, in M.A.C. Case No. 173 of 1988.2. The material facts and various stages leading to the present revision may, in brief, be set out as follows:For the injuries sustained by one Brojen Das in a motor vehicle accident, which took place on 14.5.1998, an application under Section 166 of Motor Vehicles Act, 1988, was made by the claimant-opposite party No. 1 seeking, inter alia, compensation of a sum Rs. 16,62,000 for the injuries sustained by the said injured. This application gave rise to M.A.C. Case No. 173 of 1988 aforementioned. By its award dated 12.11.2002, passed in M.A.C. Case No. 173 of 1988 aforementioned, the learned Tribunal granted Rs. 3,71,970.20 as compensation to the claimant and directed the insurer of the vehicle involved in the said accident, namely, the present petitioner, to make payment of the said amount within a period of...

Dhrubendra Pathak and ors. Vs. Hindustan Paper Corporation Ltd. (a Gov ...

Court: Guwahati

Reported in: [2005(107)FLR667]

Amitava Roy, J.1. The petitioners claiming themselves to be employee of the Hindustan Paper Corporation Limited (hereafter referred to as the HPC) have approached this Court being aggrieved by the order dated 2.2.1994 designating theme as the employees of Nagaland Pulp and Paper Company Limited (hereafter referred to as the NPPC) and deploying them to the Nagaon Paper Mill (hereafter referred to as the NPM). They seek an appropriate writ to cancel the said order of deployment and/or to declare them as regular employees of NPM to be provided with all service benefits including pay revision available under the HPC Rules w.e.f. 1/1/1992 and/or 2.2.1994.2. I have heard Mr. A.K. Purkayastha, learned Counsel for the petitioner and Mr. S.N. Sharma and Mrs. Mili Hazarika, Sr. Advocates for respondent Nos. 1 and 2.3. The pleaded version of the petitioners is that the NPM is a unit of HPC, which is a Government of India undertaking. NPPC is a joint venture of HPC and Government of Nagaland and i...

Bibhu Charan Barua Vs. Nani Gopal Deva Goswami

Court: Guwahati

H.N. Sarma, J.1. Heard Mr. K.N. Choudhury, learned senior counsel for the appellant and Mr. A. Sarma, learned Counsel for the sole respondent.2. In this appeal, the impugned order dated 31.5.2005 passed in Misc. Case No. 22/2005 arising out of Title Suit No. 43/2004 by the learned Civil Judge (Sr. Division), Jorhat refusing to grant temporary injunction as prayed for by the appellant is challenged.3. The appellant as plaintiff has filed the TS No. 43/2004 for recovery of possession of the suit property which is a Tea Garden, namely, Jogibhela T.E. in the district of Jorhat under Section 6 of the Specific Relief Act, 1963 alleging his dispossession by the respondent without taking recourse to law. The said suit was filed on 19.8.2005 and is pending for adjudication before the learned trial court. During the course of the proceeding, the appellant noticing certain subsequent developments, filed an application under Order 39, Rules 1 and 2, read with Section 151 of the CPC praying for gr...

Gajibur Rahman and anr. Vs. State of Assam

Court: Guwahati

1. This appeal under Section 374, Cr. P.C. is directed against the judgment dated 4-12-1998 passed by the Sessions Judge, Lakhimpur in Sessions Case No. 19(NL)/98 whereby the learned trial Court convicted the two accused-appellants under Sections 302/34, I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each in default further imprisonment for one month.2. On 20th March, 1996 Nasir Ali (P.W. 1) lodged a written F.I.R. before the Police stating inter alia that on the previous day at about 3 p.m., his son Md. Tamiruddin went to Jubanagar Bazar and did not return. Subsequently, the dead body of Md. Tamiruddin has been found lying in a field near the Bank of Shingira River, the hands and neck of the deceased were found tied with rope.3. The post-mortem was conducted by Dr. Ganesh Saikia, who found as follows:(i) Bruise found round the wrist joint of both forehands;(ii) Ligature marks found round the neck and it was circular and continues 2 cm. in br...

National Insurance Company Ltd. Vs. Sabitri Rani Devi and ors.

Court: Guwahati

I.A. Ansari, J.1. The respondent Nos. 1 to 4 herein are legal representatives of deceased Mahendra Kumar Nath. On 28.5.2000, when the said deceased was driving, on the National High Way No. 37, at Chabua, his scooter, bearing Registration No. AS-23B/1469, the said scooter collided against a bus bearing Registration No. AS04-A-8652. As a result of the said collision, the said scooterist died. The respondent Nos. 1 to 4, as legal representatives of the said deceased, instituted a claim proceeding under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act') seeking compensation of a sum of Rs. 15 lakhs. This claim application gave rise to MAC Case No. 55/2001 in the Court of learned Motor Accidents Claim Tribunal, Tinsukia.2. In the proceeding before the learned Tribunal, the petitioner herein, as insurer of the said scooter, took the plea that since the said deceased was the owner of the said scooter, he himself drove the scooter and became a victim of the...