Guwahati Court February 2006 Judgments
Muzammil HussaIn and anr. Vs. State of Assam
Court: Guwahati
Decided on: Feb-27-2006
Biswas, J.1. The appellants namely, Muzammil Hussain and Mukib Ali were tried by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 20(K)/1997 and convicted and sentenced under Section 302/34, IPC for intentionally causing death of Azizur Rahman alias Bhondela on 21-10-1991 at about 11.30 a.m. The sentence imposed against both the appellants on conviction is imprisonment for life and to pay a fine of Rs. 300/-. in default, to further imprisonment for six months each. Being aggrieved, they have preferred this appeal.2. We have heard Mr. J. M. Choudhury, learned senior counsel assisted by Mr. B. M. Choudhury, learned Counsel for the appellants and also Ms. A. Begum, learned Public Prosecutor, Assam.3. P.W. 5, Md. Hamid Ali lodged the ejahar before the Officer-in-charge of Kaya Police Station on 21-10-1991 alleging that on the same day at about 11.30 a.m. there was a quarrel at Pub Tola area of No. 2 Dhuhi Village between Md. Nurul Haque on the one side, and Muzammil Hussa...
Tag this Judgment!Konsam Brojen Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Feb-27-2006
B. Sudershan Reddy, C.J.If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought -not free thought for those who agree with us but freedom for the thought that we hate.' - Justice Oliver Wendell Homes in his Immortal Dissent in U.S. v. Schwimmer 279 U.S. 664 at 653.Prologue1. When the Supreme Court revisited the question whether an officer especially empowered to pass order for preventive detention is required to consider the representation submitted by the detenue in Kamlesh Kumar Ishwardas Patel v. Union of India and Ors. which is considered to be a comprehensive work of learning, it was perceived to have provided final solution to the problem arising in that regard. The significant progress has been made on both constitutional and philosophical fronts, as various issues have been significantly clarified and diverse position given to cogent articulation, yet the debate over interpretation of Article...
Tag this Judgment!Suresh Chandra Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-27-2006
A.H. Saikia, J.1. Heard Mr. A.M. Mazumdar, learned senior Counsel assisted by Mr. N. Hoque, learned Counsel for the petitioner, Mrs. M. Das, learned Government counsel appearing for the official respondents and Mr. D.R. Gogoi, learned Counsel for the respondent No. 5.2. Keeping in view the issue raised in this writ petition and on close perusal of the material available on records as well as upon hearing learned Counsel for the parties, this Court is of the view that since the matter relates to transfer, no fruitful purpose would be served by keeping the writ petition pending for its disposal in due course and accordingly it is taken up for final disposal to day itself at the order stage.3. Initially, by Notification dated 9.9.2005, the petitioner, an A.C.S. working as Senior Assistant Settlement Officer, was transferred from Goalpara Revenue Circle to be posted as Sub-Divisional Officer (Civil) Dhansiri, Sarupathar and accordingly he was released from his post at Goalpara vide order ...
Tag this Judgment!Dilip Kumar Saha and anr. Vs. Ratna Das and anr.
Court: Guwahati
Decided on: Feb-24-2006
A.B. Pal, J.1. The judgment and award dated 5.8.1998 passed by learned Commissioner, Workmen's Compensation, West Tripura, Agartala in T.S.(W/C) 40 of 1996 imposing a penalty of Rs. 51,995 on the owner of the offending vehicle have been called in question in the present first appeal.2. The brief fact leading to the present proceeding originates from a motor accident in which one Subal Das, the husband of the claimant-respondent Smti. Ratna Das died. The deceased was the driver of the vehicle TRL-2626 (Truck) owned by the second appellant herein. After his death in the accident on 27.7.1996, the proceeding before the learned Commissioner was initiated at the conclusion of which an amount of Rs. 2,07,980 was awarded. The vehicle being insured with the Oriental Insurance Co. Ltd., the Commissioner directed the said insurance company to indemnify the owner. The learned Commissioner further directed that the said amount would carry interest @ 12% per annum from the date of accident. Therea...
Tag this Judgment!Deepak Kumar Biswas Vs. National Insurance Co. Ltd. and anr.
Court: Guwahati
Decided on: Feb-24-2006
A.B. Pal, J. 1. This appeal is directed against the Judgment and decree dated 3-7-1999 and 8-7-1998 respectively in Money Suit No. 40 of 1995 passed by learned Civil Judge (Sr. Division). Court No. 1, Agartala. By the impugned judgment and decree the suit of the plaintiff-appellant herein has been dismissed.2. I have heard Mr. S. Lodh, learned Counsel for the plaintiff-appellant and Mr. D. R. Choudhury learned Counsel for the defendant-respondents.3. The material facts leading to the present proceeding may briefly be noted first. The plaintiff-appellant, a reputed and renowned lawyer, was engaged by the National Insurance Company Ltd. (for short. Insurance Company), the defendant-respondent herein, in an arbitration proceeding between one Rakhal Sharma and the said Insurance Company. The award of the Arbitrator made against the Insurance Company was pending in the Court of learned Sub-Judge, Agartala, West Tripura. On 26-3-1993 the plaintiff-appellant being the lawyer informed the In...
Tag this Judgment!Pubali Housing Co-operative Society Ltd. Vs. Union of India (Uoi) and ...
Court: Guwahati
Decided on: Feb-23-2006
D. Biswas, J.1. Heard Mr. S. Dutta, learned Counsel for the petitioner and also Mr. B.C. Pathak, learned Counsel appearing on behalf of respondent No. 2.2. The petitioner is a Co-operative Housing Society registered under the Assam Co-operative Societies Act, 1949. This Co-operative Society has been formed for the purpose of acquisition of land and construction of residential flat. The construction is undertaken through different contractors at different point of time. The Assistant Provident Fund Commissioner by the order dated 5.10.1998 in exercise of powers under Section 7A of the Employees' Provident Fund & Misc. Provisions Act, 1952 directed the petitioner-Society to deposit a sum of Rs. 43,105 as provident fund due to the workers employed by it during the period from November 1996 to March 1998.3. Mr. Dutta argued that the petitioner is a registered Cooperative Society under the Assam Cooperative Societies Act, 1949 and the persons employed for the purpose of construction was le...
Tag this Judgment!All Assam Recognised Middle English Teachers' Association Vs. State of ...
Court: Guwahati
Decided on: Feb-23-2006
B. Sudershan Reddy, C.J.1. The unsuccessful writ petitioners in WP(C) Nos. 4278/2004 and 7325/ 2004 are the appellants in these writ appeals. The appeals are directed against the common judgment rendered by a learned Single Judge of this Court on 30th September, 2005 disposing of the aforesaid writ petitions with certain observations.2. The only question is whether the impugned judgment suffers from any errors requiring our interference in exercise of our writ appellate jurisdiction.3. A few relevant facts leading to filing of these appeals. The appellants mainly challenged the communication dated 20th August, 2004 sent by the Joint Director, Elementary Education, Assam which is in the nature of a policy decision. This policy decision of the Government was communicated by the Joint Director to various authorities including all the District Elementary Education Officers. The said communication reads as under:With reference to the subject and Govt. letter quoted above, I am directed to ...
Tag this Judgment!Nazrul Islam Vs. Mustt. Sajeda Begum
Court: Guwahati
Decided on: Feb-22-2006
A.H. Saikia, J1. Heard Mr. D. Choudhury, learned Counsel for the appellant. None appears for the respondent despite notice.2. This appeal assails the judgment and order dated 13-12-2001 rendered by the leamed principal Judge, Family Court, Guwahati in Case No. F. C. (Civil) No. 42/ 98 by which the application filed by the wife- respondent praying for setting aside the Talaknama' dated 15-2-1998 and for a decree of restitution of conjugal right, was accepted by the learned Judge and accordingly the aforesaid 'Talaknama' was set aside and decree for restitution of conjugal right was passed.3. Being aggrieved by the aforesaid findings of setting aside the 'Talaknama' as well as passing the decree for restitution of conjugal right, the husband appellant has filed this matrimonial appeal alleging herein precisely that once the wife already accepted the Talaknama' by way of receiving the letter of Talak sent by the appellant under registered post, in the premises of the attending facts and ...
Tag this Judgment!Rocky Dev Burman Vs. Lohit Prakash Dutta and anr.
Court: Guwahati
Decided on: Feb-22-2006
I.A. Ansari, J.1. Heard Mr. BM Choudhury, learned senior counsel for the petitioner.2. By the impugned order, dated 22.12.2005, the Member, Motor Accident Claims Tribunal, Sivasagar, has dismissed the claim application on the ground of absence of the claimant.3. It has been the consistent view of this Court, as expressed in Nandalal Kedia v. Jaswant Singh and Anr. reported in (1983) 2 GLR 253, Samsul Huda v. Mis. London and Lancashire Insurance Co. Ltd. and Ors. AIR 1972 Gau 35 and Akan Chandra Das and Anr. v. Md. Hussain and Anr. reported in 2000 (1) GLT 186, that for mere default in appearance of the claimant, a claim application, g seeking compensation, made under the provisions of the Motor Vehicles Act, 1988, (in short, 'the MV Act'), cannot be dismissed, for, there is no provision in the MV Act and/or the Rules framed thereunder permitting or empowering the Motor Accident Claims Tribunals to dismiss, for default, an application seeking compensation made under h the MV Act. Howev...
Tag this Judgment!P.P. Singh Rajput Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-22-2006
A. Hazarika, J.1. The tenure of service of the writ petitioner has been axed on attaining the age of 51 years 9 months, instead of his full term of service of 60 years, by way of compulsory retirement in purported exercise of power under Fundamental Rule 56 (hereinafter to be referred to as FR), read with Rule 48(1)(b) of the Central Civil Services (Pension) Rules, 1972 (hereinafter to be referred to as CCS. (Pension Rules)), vide order dated 27.3.2000, is the question to be determined by this court, in exercise of power under Article 226 of the Constitution of India, as to whether the power, so exercised, under the Rules as mentioned hereinabove has been made in public interest and whether there is any public element present in order to sustain the order of compulsory retirement and if not, whether the petitioner is entitled to continue in service till his normal superannuation, with all consequential benefits.2. In order to resolve the controversy in regard to compulsory retirement...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »