Guwahati Court January 2006 Judgments
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Pralay Saran Chakraborty Vs. Chairman, State Bank of India and ors.
Court: Guwahati
Decided on: Jan-06-2006
T. Vaiphei, J. 1. Heard Mr. Pralay Saran Chakraborty, the petitioner-in-person and Mr. S. Dutta, the learned Counsel for the respondent. This is an unfortunate case. The petitioner has since 1994 been driven from pillar to post for seeking justice. Despite winning his case from this Court to the Apex Court, spanning almost 10 years, he has been denied the fruits of his litigation till now. This Court can no longer remain a silent spectator to the ordeal faced by him. Written argument is submitted by the respondents and is perused.2. To recapitulate the history of the case, the petitioner was an Officer in the rank of Junior Management Grade Scale-I in the State Bank of India. In the year 1989, he was allowed to officiate in the higher post of Middle Management Grade Scale-II at its Regional Office at Agartala. By the Memorandum dated April 28, 1993, he was transferred from the said Regional Office and was reverted to and posted as Officer in the rank of Junior Management Grade Scale-...
Md. Tamrul Haque Choudhury Vs. Md. Monia Laskar and anr.
Court: Guwahati
Decided on: Jan-05-2006
A.H. Saikia, J. 1. Heard Mr. N. Dhar, learned Counsel for the appellant and Dr. B. Ahmed, learned Counsel for the Respondents.This first appeal witnesses a challenge of the judgment and decree dated 29-7-2000 rendered by the learned Civil Judge, (Sr. Division) No. 2 Cachar, Silchar in Title Suit No. 99 of 1997 by which the suit instituted by the plaintiffs/respondents seeking specific performance was decreed against the defendant/appellant.2. The facts in a short compass as emerged from the pleadings exchanged by and between the parties may be recapitulated for proper resolution of this first appeal. The appellant was the absolute owner and possessor of the suit land and having faced with urgent need of cash, he approached the respondents with an offer to sell the suit land for a consideration of Rs. 64,000/- and on acceptance of such offer, a registered agreement was executed on 21-5-97 when an amount of Rs. 30,000/- was also paid to the appellant as an advance. It was reiterated in ...
State of Manipur and ors. Vs. Manipur Hills and PlaIn Contractors Asso ...
Court: Guwahati
Decided on: Jan-05-2006
T. Nandakumar Singh, J.1. It is settled position of law that the Principles of finality of the judgment of the superior Court should be maintained inasmuch as 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 for the sake of justice by exercising the power of review. The Court, while exercising the power of review within the four corners of power of review, has to strike the balance between the principle of finality of judgment and requirement of the superior Court to act ex debito justitiae by exercising the power of review.2. As early as 1941, the federal Court has discussed the principles governing the power of review in Raja Prithwi Chand v. Sukhrai AIR 1941 FC 1 and held that the Federal Court will not sit as a Court of appeal from its own decisions nor will it entertain applications to review for rehearing and also that an ord...
Yubaraj Chakma Vs. Smt. Nilima Debbarma
Court: Guwahati
Decided on: Jan-04-2006
A.B. Pal, J.1. The judgment dated 31-5-2004 passed by learned Judge of the Family Court, Agartala in Misc. Case No. 83/2002 on a prayer for maintenance under Section 125 of the Criminal Procedure Code (for short 'Code') stands impugned in the present revision petition. By that judgment the petitioner herein who is a Police officer of the State Administration has been directed to pay Rs. 1500/- per month to his estranged wife, the respondent herein, with a further direction to the Drawing and Disbursing Officer concerned to deduct Rs. 1500/- from the salary of the petitioner herein and remit the same to the respondent-wife.2. The material facts giving rise to the maintenance proceeding may be noted at the outset. Smti Nilima Debbarma, the respondent herein claimed that she was married to Sri Yubaraj Chakma, the petitioner herein on 11-6-1997 as per the social custom of Debbarma community and since marriage they have been living in conjugal peace in different places of posting of her hu...
Niranjan Deb Vs. Nibaran Ch. Deb
Court: Guwahati
Decided on: Jan-04-2006
A.B. Pal, J.1. By this Second Appeal the judgment dated 31st January, 1998 passed by the learned District Judge, West Tripura, Agartala in Title Appeal No. 35/1997 affirming the judgment and decree dated 31.3.1997 in Title Suit No. 17/1991 passed by the learned Civil Judge (Jr. Divn.), West Tripura, Agartala has been impugned by the defendant-appellant herein.2. The relevant facts giving rise of the present proceeding originates from a dispute over certain lands (suit land) between the two brothers, of whom the plaintiff-respondent herein is the younger one. He filed the Title Suit No. 17/1991 alleging that his brother, the appellant herein, dispossessed him from his lands measuring 3 kanis, 17 gandas, 3 karas, 2 krantas and 15 dhurs of which he became owner by virtue of two sale deeds and one gift deed. The two registered sale deeds were executed by Smti Suprava Shil and Shri Premananda Das and the registered gift deed was executed by his father Upendra Chandra Roy. The defendant-app...
State of Tripura and ors. Vs. Nalini Kanta Mazumder
Court: Guwahati
Decided on: Jan-04-2006
A.B. Pal, J.1. By this appeal instituted by the State of Tripura and other State functionaries, the judgment dated 14.3.2000 passed by the learned Single Judge in C. R. No. 271 of 1991 has been called in question.2. The material facts giving rise to the writ proceeding are that the respondent-petitioner while working as Upper Division Clerk (UDA) in the office of the Sub-Registrar, Dharmanagar, North Tripura faced a disciplinary proceeding on the charge that he contracted a second marriage during the life time of his first wife which is a misconduct within the meaning of the Service Conduct Rules applicable to him. After an enquiry into the charge framed against him, he was found guilty and was punished with compulsory retirement invoking the provisions under FR 56(J). In the writ petition, the said penalty was put under challenge on the ground that FR 56( J) could not be pressed into service as the respondent-petitioner did not complete 50 years of age. The second limb of argument ad...
Mihir Das Vs. State of Tripura
Court: Guwahati
Decided on: Jan-04-2006
A.B. Pal, J.1. The judgment dated 29-8-1998 passed by the learned Addl. Sessions Judge, Belonia, South Tripura in Sessions trial No. 68(ST/B) of 1997 convicting the appellant Mihir Das under Section 366 of Indian Penal Code (for short, ' IPC') and sentencing him to suffer RI for 3 years and to pay a fine of Rs. 3,000/- with default stipulation to suffer RI for 6 months more stands impugned in the present appeal.2. The prosecution version is that on 10-12-1996 at about 10-30 am, Pampi Bhowmik, a minor daughter aged 16 years of the informant Dhanonjoy Bhowmick went to Kanchannagar High school to appear in Madhyamick examination. The examination was over at 1-30 p.m. whereafter she left the school and proceeded towards her house like other students. On the way, the appellant who was her close neighbour met her for a talk when a Maruti van coming from western direction stopped near them. One door of the vehicle opened with a youngman and the driver (their identity remained un-disclosed) i...
National Insurance Co. Ltd. Vs. Sikha Das and ors.
Court: Guwahati
Decided on: Jan-04-2006
A.B. Pal, J.1. The judgment and award dated 11.6.2001 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in T.S.(MAC) 125 of 1997 stand impugned in the present appeal filed by National Insurance Co. Ltd. (for short 'the insurer').2. The relevant facts giving rise to the claim proceeding originated from a motor accident, which had occurred on 21.12.1996 at 6.30 A.M. On the fateful day and time, the deceased Niranjan Das, who was a Kickshaw puller was standing with his rickshaw parked on the left side of the road just behind a vehicle bearing No. TRS-709 when the offending vehicle bearing No. TRS-261 running at a high speed dashed against the vehicle TRS-709 and the rickshaw standing behind. The unfortunate and poor rickshaw puller died on the spot instantaneously and the vehicle TRS-709 sustained substantial damages. A police case was registered under Sections 279 and 304A of the Indian Penal Code, which eventually ended into a charge sheet against the...
Biswanath Sarkar Vs. Smt. Swapna Dey
Court: Guwahati
Decided on: Jan-04-2006
A.B. Pal, J.1. I have heard Mr. R. Datta, learned Counsel for the petitioner and Mr. Somik Deb, learned Counsel for the respondent.2. The judgment dated 5-10-2005 passed by learned Sessions Judge, South Tripura, Udaipur in Criminal Revision No. 28(4)/2004 stands impugned in the present revision petition.3. By the said judgment of the learned Sessions Judge the order dated 24-8-2004 passed by learned Sub-Divisional Judicial Magistrate (for short SDJM), Sabroom, South Tripura in C.R. Misc. 7 of 2003 whereby his own order dated 17-7-2001 granting interim maintenance of Rs. 1500/-in a proceeding under Section 125 of the Criminal Procedure Code (for short 'Code') for the respondent-wife herein and her child was cancelled, has been set aside reviving thus the original interim order dated 17-7-2001 of the learned SDJM.4. The material facts giving rise to the present controversy originates from a petition filed by the respondent-wife under Section 125 of the Code before the Court of SDJM whic...
State Bank of India Vs. Neermali Das and ors.
Court: Guwahati
Decided on: Jan-04-2006
B. Sudershan Reddy, C.J.1. In Collector, Land Acquisition, Anantnag and Anr. v. Mst. Katiji and Ors. reported in : (1987)ILLJ500SC Thakkar, J. while dealing with the question of condonation of delay observed : 'To condone, or not to condone is not the only question. Whether or, not to apply the same standard in applying the 'sufficient cause' test to all the litigants regardless of their personality in the said context is another'. In this writ appeal we are faced with same question and are required to answer what test is required to be applied in considering the present application to condone the delay of 65 days in preferring the appeal under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short 'the Act'), against the judgment and order dated 14.6.2002 passed by the learned Debts Recovery Tribunal (for short 'Tribunal'), Guwahati, in O.A. No. 70 of 1998.2. The Debts Recovery Tribunal dismissed the Original Application No. 70 of 1998 filed ...
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