Guwahati Court May 2006 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.
National Insurance Co. Ltd. Vs. Member, Mact Kamrup, Ghy and ors.
Court: Guwahati
Decided on: May-23-2006
I.A. Ansari, J.1. By the impugned award, dated 7.11.2001, passed in MAC Case No. 787(K)/2000, by the learned Motor Accident Claims Tribunal, Kamrup, the claimant-respondent Nos. 2 to 5 herein have been awarded, in all, Rs. 5,60,000 offending vehicle, to make payment of the said awarded amount within a period of 30 days failing which interest shall be paid at the rate of 9% from the date of making of the claim application. Aggrieved by the impugned award, the insurer has preferred this appeal on the ground that the victim, Such a Singh, whose death, in a motor vehicular accident, led to the passing of the impugned award, was a gratuitous passenger in the offending vehicle, which was a goods carriage, and in view of the fact that the relevant insurance policy did not cover any gratuitous passenger, the insurer ought not to have been held liable to pay compensation to the claimants and that the liability to pay compensation, under the impugned award, ought to have been imposed on of the ...
Keshab Ch. Singha and ors. Vs. Moulovi Abdul MatIn Choudhury and ors.
Court: Guwahati
Decided on: May-18-2006
D. Biswas, J.1. This revision petition under Section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 31.8.2004 passed by the learned District Judge, Karimganj in Title Appeal No. 8/2003.2. I have heard Mr. DC Borah, learned Counsel for the revision petitioners and Mr. B.K. Goswami, learned senior counsel assisted by Mrs. T. Goswami, learned Counsel for the respondents.3. The respondents, as plaintiffs, instituted Title Suit No. 306/83 in the Court of Civil Judge (Jr. Divn.) No. 1, Karimganj praying for a decree for eviction of the principal defendants (revision petitioners), recovery of khas possession and for payment of arrear rent. Plaintiffs' case is that they are the owners of the suit premises which they inherited from their predecessor-in-interest. A part of the land and houses described in the schedule to the plaint was let out on rent to the defendant Nos. 1 and 2 on a rent of Rs. 65 per month. On the same terms and conditions, the other pa...
National Insurance Company Ltd. Vs. Rana Dev Sutradhar and ors.
Court: Guwahati
Decided on: May-18-2006
D. Biswas, J.1. This appeal by the Insurance Company is directed against the judgment and order dated 29th May, 2002 passed in W.C. Case No. 217/2001 by the learned Commissioner, Workmen's Compensation, Kamrup at Guwahati allowing a compensation of Rs. 4,23,580/- to the respondents-claimants.2. The respondent Nos. 1, 2 and 3 filed the claim petition for compensation on death of Dara Singh Sutradhar who was working as driver of a Mini Truck bearing Registration No. AS-01/C-3182 belonging to the respondent No. 4.3. On 29.07.2001, Dara Singh Sutradhar was driving the aforesaid vehicle with CRPF personnel on way to Rangjuli. On the way at Bhalukjuli, while passing over a wooden bridge, the vehicle was blown off by a remote controlled explosive device by extremists. As a result, Dara Singh Sutradhar along with two other persons died. The vehicle was insured with the appellant Company. The death of the driver was in course of his employment and, as such, an application for compensation was ...
Jitendra Kalita Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-17-2006
Ranjan Gogoi, J.1. Two groups of mutually irreconcilable judicial verdicts, any one of which can be implemented at the peril of the other, has necessitated this reference to an Expanded Bench to decide which of the conflicting views should now hold the field. A post-cognizance realisation that the issue involved could have extensive ramification as one of the two views, that flows from a Division Bench Judgment in the case of Achyut Chandra Pathak and Ors. v. State of Assam and Ors. reported in (2000) 1 GLT 243, has been consistently applied arid followed, had led the Full Bench to direct that notices be issued to all such muster roll/ work charged employees in all Departments of the State, who are awaiting regularisation as well as those who have been so regularised, in Order to ensure that they do not go unheard.2. The facts necessary to understand the precise scope of the reference made to the Full Bench need to be amplified at the outset:In the several engineering and works relate...
Educomp Solutions Ltd. and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-17-2006
B.S. Reddy, C.J.FACTUAL MATRIX:1. The Assam. Electronics Development Corporation Ltd. (AMTRON) had issued a Notice Inviting Tender (NIT) dated 23.11.2005 inviting bids for execution of the contractual work in the 4th Phase of Rajiv Gandhi Computer Literacy Programme (RGCLP) in three hundred schools in the State of Assam. As per the tender notice the interested tenders were required to submit their bids two parts, i.e. (a)Technical Bid, and (b) Commercial Bid, in separate sealed envelopes for the supply of hardware, software, courseware and connected accessories and provision of computer education service in government high schools on B0T (Build Own Operate and Transfer) basis. The date; mi g time of submission of tender was fixed on 19.12.2005 at 2 PM and the date and time for opening of technical bid was fixed at 3 PM on the same day. It was further indicated in the notice that the date and time for opening of commercial bid would be intimated separately to such of those bidders who ...
Rita Das Biswas Vs. Trilokesh Das Biswas
Court: Guwahati
Decided on: May-17-2006
A.B. Pal, J.1. The judgment dated 27.7.1998 passed by learned Additional District Judge, West Tripura, Agartala in T.S. (Divorce) 32 of 1990 dissolving the marriage between the appellant wife and the respondent husband herein has been called in question in the present appeal.2. We have heard Mr. S. Deb, learned Senior Counsel, assisted by Mr. R. Dasgupta, learned Counsel for the appellant wife and Mr. A. K. Bhowmik, learned Senior Counsel, assisted by Mr. P. Deb Roy as well as Mrs. K. Deb, learned Counsel for the respondent husband.3. The background fact of the failed marriage may be briefly noticed thus:The marriage between the parties had taken place on 26.1.1989 at Agartala, the capital of the State, in the house of the parents of the appellant wife performing the rituals of Hindu marriage. The respondent husband comes from a rural area known as Khowai and he is a teacher by profession. It is the allegation of the husband that from the very first night of the marriage the conjugal ...
Monomohan Paul Vs. Nil Mohan Das and anr.
Court: Guwahati
Decided on: May-17-2006
A.B. Pal, J.1. The judgment dated 6-1-1998 passed by the Addl. District Judge, West Tripura in T. A. No. 16 of 96 has been impugned in the present second appeal. In that judgment after recording the reverse finding, the judgment dated 4-1-1996 passed by the Addl. Munsiff, Sadar in T. S. No. 154 of 1979 dismissing the suit of the plaintiff respondents herein was set aside and the suit was decreed.2. The factual matrix in a short compass may be noticed thus. The plaintiff respondents are two brothers. The first plaintiff respondent Nil Mohan Das by virtue of a lease deed executed by the appellant herein (Ext. A) on 16-1-1975 inducted into lands and building mentioned therein and thus became the lessee under the appellant. The claim of the plaintiff respondent is that adjacent to the said leased property measuring 22 ft. x 12 ft. there was another plot of vacant land of Agartala Municipality. He applied for and was allotted the said plot of lands on which he constructed a building measur...
Subhash Debnath Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-17-2006
B.P. Katakey, J.1. This appeal is directed against the judgment and order dated 31.7.2002 passed by the learned Single Judge in Civil Rule No. 116 of 1996 dismissing the writ petition filed by the present appellant challenging the order dated 21.7.1993 passed by the Chairman, Rubber Board, disciplinary authority, imposing the penalty of dismissal from service of the petitioner.2. A disciplinary proceeding was initiated against the petitioner by issuing the charge sheet dated 9.11.1990 on the following allegations: (i) On 9.4.1990 at about 11 am behaved in an unruly manner, abused Shri Sasidharan Nair, Surveyor and slapped him severely on his lett cheek; (ii) mis-behaved with Shri Sudheer Babu, Asstt. Development Officer on 4.1.1990,11.1.1990 and 2.2.1900 and with intention to cause bodily injuries attempted to beat him with a Chair on 4.1.1990;(iii) habitually absented from duty to perform his official duties properly/ neglected his duties; (iv) on 17.4.1990, by misusing his official ...
Dipak Kumar JaIn Vs. Rita Das and ors.
Court: Guwahati
Decided on: May-16-2006
I.A. Ansari, J.1. This appeal is directed against the award, dated 30.4.2003, passed, in MAC Case No. 401/2001, by the learned Motor Accident Claims Tribunal, Nalbari, whereby the learned Tribunal has determined that the claimant-respondent No. 1 is, entitled to receive, in all, Rs. 4,44,836 as compensation for the death of her husband, namely, Dilip Rajbongshi, in a motor vehicular accident and the present appellant as well as respondent No. 2 herein are liable to make payment of the said awarded amount in equal proportion. Aggrieved by the award, so passed, the appellant, who has been directed to share half of the amount of compensation, so awarded, has preferred this appeal.2. MAC Case No. 401/2001 aforementioned arose out of an application made, under Section 166 of the Motor Vehicles Act, 1988, (in short, 'the MV Act'), by the respondent No. l, namely, Smt. Rita Das claiming compensation for the death of her husband, Dilip Rajbongshi, her case being, in brief, thus: On 17.6.2001,...
Bhaba Gogoi Vs. State of Assam
Court: Guwahati
Decided on: May-16-2006
D. Biswas, J.1. This appeal is directed against the judgment dated 14th July, 2004 passed by the learned 1st Addl. Sessions Judge (Ad-hoc), Sibsagar in Sessions Case No. 38 (S-C)/2003 corresponding to the original Sessions Case No. 57 (S-C)/2003. By the impugned judgment, the appellant has been convicted by the learned Sessions Judge for causing death of his father Normal Gogoi on 23-9-2000 at about 7.30 PM.2. Shri Robin Gogoi lodged an ejahar depicting the incident to the Officer-in-Charge of Sonari Police Station on 24-9-2000. The ejahar reveals that the appellant Bhaba Gogoi caused the death of his father Normal Gogoi by hacking him with a dao. The police registered a case and proceeded with the investigation. During the course of investigation, the investigating officer prepared the inquest report, forwarded the dead body for post mortem examination, recorded the statement of the witnesses and, on his transfer, submitted the Case Diary to the Officer-in-Charge of the Sonari Police...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »