Guwahati Court March 2006 Judgments
Nidhan Biswas and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Mar-31-2006
A.B. Pal, J.1. A young bride committed suicide in her nuptial home within a period of seven months from her marriage after having failed to bear the humiliation and torture in the hands of her in-laws. The investigation and trial that followed her death found her husband, mother-in-law and husband's elder brother guilty of offence punishable under Sections 306 and 498-A of the Indian Penal Code (for short, 'IPC'). They have been convicted accordingly with sentence of imprisonment and fine by the learned Addl. Sessions Judge, South Tripura, Belonia in his judgment dated 19 3-1998 in Sessions Trial No. 56 (ST/B) of 1997 which has been put under challenge in the present appeal.2. The first appellant herein, Sri Nidhan Biswas was the husband of the deceased-bride, the second appellant, Sri Sadhan Biswas and the third appellant Smt. Jyotibala Biswas are the elder brother and mother respectively of the first appellant. The prosecution version is that the de-ceased-Jharna, the daughter of Ja...
Tag this Judgment!State of Manipur Vs. Dipak Kumar Das
Court: Guwahati
Decided on: Mar-31-2006
T. NK. Singh, J.1. Heard Ms. Ch. Bidyamani Devi, learned P.P. appearing for the petitioner as well as Mr. N. Kerani Singh, learned senior counsel assisted by Mr. N. Umakanta, learned Counsel appearing on behalf of respondent/accused (petitioner in Bail Application No. 47 of 2005).2. By this application (sic) the Cr.P.C. the petitioner is asking for cancellation of the order of this Court dated 28-10-2005 passed in Bail Application No. 47 of 2005 for releasing the respondent/accused on bail on the condition that the respondent/accused shall furnish bail bond/personal bond of Rs. 10,000/- (Rupees ten thousand) and surety of the like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Imphal, Manipur and also that the respondent/accused shall not leave Imphal without necessary permission of the concerned Judicial Magistrate, i.e. Judicial Magistrate 1st Class, Imphal, Manipur.3. By neglecting all the details but precise facts that give rise to filing of the present a...
Tag this Judgment!Arati Chakraborty and ors. Vs. Nephurai Jamatia and anr.
Court: Guwahati
Decided on: Mar-31-2006
T. Vaiphei, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to 'the Act'), the appellants seek enhancement of the amount of compensation awarded by the learned Member, Motor Accidents Claims Tribunal, Court No. 3, West Tripura, Agartala (hereinafter referred to 'the Tribunal') in his judgment and award dated 28.2.1998 in connection with T.S. (MAC) No. 123 of 1997 from Rs. 82,000 to Rs. 8,00,000 due to the death of the deceased, namely, Nepal Chakraborty. Appellant No. 1 is the wife of the deceased while the appellant Nos. 2 and 3 are his sons.2. The material facts of the case are that on 25.12.1996 at about 8.15 a.m., while the deceased was returning home by a rickshaw along Assam-Agartala Road, the vehicle bearing No. TR 01-2081 proceeding in a high speed dashed against the rickshaw in which he was travelling. In the accident, both the deceased and the rickshaw puller sustained grievous injuries, whereupon the deceased was immediately remov...
Tag this Judgment!Md. Abul Mazid Etc. Vs. Faruque Shaikh and anr.
Court: Guwahati
Decided on: Mar-30-2006
B.P. Katakey, J.1. By these 2 (two) appeals, the claimants have challenged the judgment and award dated 5th August, 2005 passed by the learned Member, Motor Accident Claims Tribunal, Dimapur in M.A.C. Case Nos. 66 and 67 of 2003 dismissing the claim of the claimants/appellants for compensation under the provisions of the Motor Vehicles Act, 1988 (in short 'the Act').2. The fact in brief is that the appellants as claimants filed M.A.C. Case Nos. 66 and 67 of 2003 before the learned Member, Motor Accident Claims Tribunal, Nagaland claiming that on 25th October, 2002 while they were going on a bicycle towards Purana Bazar, Dimapur, a scooterist driving the scooter No. NL-05/5216 in a rash and negligent manner dashed the bicycle and as a result of which they suffered bodily injuries for which they had to be hospitalised for necessary treatment. It has further been averred in the claim petitions that they could not inform the police in time because of the treatment taken by them in differ...
Tag this Judgment!Md. Abul Mazid and ors. Vs. Faruque Shaikh and anr.
Court: Guwahati
Decided on: Mar-30-2006
B.P. Katakey, J.1. By these two appeals the claimants have challenged the judgment and award dated 5.8.2005 passed by the learned Member, Motor Accidents Claims Tribunal, Dimapur in M.A.C. Case Nos. 66 and 67 of 2003 dismissing the claim of the claimants-appellants for compensation under the provisions of the Motor Vehicles Act, 1988 (in short 'the Act').2. The facts in brief are that the appellants as the claimants filed M.A.C. Case Nos. 66 and 67 of 2003 before the learned Member, Motor Accidents Claims Tribunal, Nagaland claiming that on 25.10.2002 while they were going on a bicycle towards Purana Bazar, Dimapur, a scooterist driving the scooter No. NL 05-5216 in a rash and negligent manner dashed the bicycle and as a result of which they suffered bodily injuries for which they had to be hospitalised for necessary treatment. It has further been averred in the claim petitions that they could not inform the police in time because of the treatment taken by them in different hospitals ...
Tag this Judgment!Union of India (Uoi) Vs. Oinam Keirungba Meetei
Court: Guwahati
Decided on: Mar-29-2006
P.G. Agarwal, J.1. Heard Mr. J Singh, learned Counsel for the appellant/Railways.2. In this appeal the Railways have challenged the order dated 1.11.2004 passed by the Railway Claims Tribunal, Guwahati Bench in OA No. 394/2001 whereby the claimant was awarded a compensation of Rs. 4 lakh for the death of a bona fide passenger along with the interest at 6 per cent per annum from the date of filing of the application and a cost of Rs. 2,000.3. In this appeal, the appellant has challenged the grant of interest only. It is submitted that the Railway Claims Tribunal Act, 1987 does not provide for award of interest and the Tribunal erred in law in awarding interest from the date of application which according to the appellant was penal in nature. The submission was made that at best the interest may be made payable from the date of order only.4. Section 80 of the Railway Claims Tribunal Act was amended as below:80. Application for compensation. - An application to the Claims Tribunal for c...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Dongkholam and ors.
Court: Guwahati
Decided on: Mar-29-2006
B.P. Katakey, J.1. By these appeals the insurance company has challenged the common judgment and award dated 26.3.2004 passed by learned Member, Motor Accidents Claims Tribunal, Dimapur, Nagaland awarding compensation to the claimants for the death of passengers travelling in a bus bearing registration No. NL 01-B 0273 belonging to Thangkhomang Sitihon, on the ground that death of the deceased passengers were not accidental arising out of the use of the motor vehicle but purely murder.2. The facts leading to the filing of the present appeals in brief is that the claimants filed applications under Section 166 of the Motor Vehicles Act, 1988 (in short 'the Act') claiming compensation for the death of the passengers travelling in the bus bearing registration No. NL 01-B 0273, stating, inter alia, that on 9.12.1996 at about 6.30 a.m. the vehicle was proceeding from Athibung to Dimapur via Jalukie with about 40 to 45 passengers, that while the bus was passing through a jungle area before K...
Tag this Judgment!All Guwahati Educated Unemployed Hawkers Association and Etc. Vs. All ...
Court: Guwahati
Decided on: Mar-27-2006
D. Biswas, J.1. The aforesaid writ petitions pose an identical question of law and, hence, all the petitions have been taken up together for disposal. The question to be answered in this batch of writ petitions is whether the Member-Secretary, Assam State Legal Services Authority is authorized under the provisions of the Legal Services Authorities Act, 1987, hereinafter referred to as the 'Act', to invoke and exercise the powers vested with a permanent Lok Adalat under the provisions of Chapter VIA of the Act?2. We have heard Mr. B.C. Das and Mr. S. S. Sharma, learned senior counsel for the writ petitioners. The argument advanced by the learned senior counsel have been endorsed by the counsel representing the petitioners in all other writ petitions. Mr. H. Roy, learned senior counsel appeared for the Member-Secretary, Assam State Legal Services Authority.3. Before the question formulated is addressed, we would like to clear the facts which culminated in these writ petitions. The Membe...
Tag this Judgment!P.G. MomIn Vs. Government of Meghalaya and ors.
Court: Guwahati
Decided on: Mar-24-2006
Ranjan Gogoi, J.1. Heard Mr. S.K. Deb Purkayastha, learned Counsel for the writ , petitioner and Mr. A.S. Siddique, learned Counsel appearing for the respondents.2. The challenge in the present writ application is against an Order dated 9.6.2000 removing the petitioner from service. Another Order dated 26.6.2001 passed by the appellate authority dismissing the appeal of the petitioner against the aforesaid Order of removal, is an incidental aspect of the present challenge.3. The facts are long and an attempt must be made to summarise and put on record only what is essential.The petitioner, at the relevant point of time, was working as a Chainman (Grader-IV post) in the Directorate of Mineral Resources of the Government of Meghalaya. The petitioner, in addition to the Government job that the was doing, was also the Joint Secretary of the Ryngku Union ME School and the Secretary of the Ryngku Garo Union Social Club. A charge memo dated 6.5.1988 was issued to the petitioner e asking him ...
Tag this Judgment!Tummar Bagra and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Mar-24-2006
H.N. Sarma, J.1. Heard Mr. T. Son, learned Counsel for the petitioners, Mr. A. Apang, learned State counsel and Mr. P.K. Tiwari, learned Counsel for the respondent No. 7.2. In the instant writ petition the petitioners have challenged the legality and validity of an order awarding the carriage contract for carrying PDS items to the private respondent by the Deputy Commissioner, Along, vide Order No. WS/SUP-4212/99/Pt-I dated 10.03.2005. Challenge is also made to the decision of the respondent authorities enhancing the accepted rate of carriage charge @ Re. 0.10 per quintal per K.M. to Rs. 3.00 per quintal per K.M., for the carriage contract awarded to the private respondent, during the subsistence of the contract period.3. On the basis of a tender notice issued by the Deputy Commissioner, Along, for awarding carriage contract to carry PDS items in the West Siang District, the petitioners as well as the private respondent along with others submitted their respective tenders by quoting t...
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