Guwahati Court June 2006 Judgments

Niranjan Sutradhar Vs. State of Tripura

Court: Guwahati

I.A. Ansari, J.1. By the impugned judgment and order, dated 27-6-2005, passed in Criminal Appeal No. 13(2)/2004, the learned Sessions Judge, West Tripura, Agartala, has dismissed the appeal and up-held the judgment and order, dated 10-2-2004, passed, in GR Case No. 444/2002, by the learned Judicial Magistrate, Agartala, convicting the accused-petitioner under Sections 279 and 338 of the IPC and sentencing him to suffer rigorous imprisonment for 6 (six) months and pay a fine of Rs. 500/- and, in default of payment of fine, suffer rigorous imprisonment for a period of 1 (one) month.2. While considering the present revision, it is pertinent to point out that accord-ing to the case of the prosecution, on 19-6-2002, at about 8.45 a.m. when one Hrishikesh Ghosh was raising boundary fencing along with his daughter, Anima Ghosh, a truck bearing registration No. TRL-1489 came with high speed, knocked him down and caused grievous injuries on his person. Hearing the cries of Anima, her mother, J...

Lakheswar Hazarika Vs. Presiding Officer and ors.

Court: Guwahati

A.H. Saikia, J.1. Heard Mr. D.P. Chaliha, learned senior assistant by Mrs. A. Bhattacharya, learned Counsel for the applicant. Also heard Mr. S.N. Sarma learned senior counsel assisted by Ms. P. Sarma and Mr. A. Sarma learned Counsel appearing for the respondent No. 2, the Management, Sokalatinga Tea Estate.2. The validity and the correctness of the order dated 30.10.1992 passed by learned Presiding Officer, Labour Court, Dibrugarh in Misc. (J) Case No. 1/88 has been assailed in this writ petition invoking the jurisdiction and power of this High Court under Article 226 of the Constitution of India.3. The impugned order was passed by the Labour Court as mentioned above on the basis of a petition moved by the petitioner under Section 33C(2) of the Industrial Disputes Act, 1947 ('the Act').4. For ready reference of the Section 33C(2) of the Act may be reproduced as under:.(2) Where any workman is entitled to receive from the employer and money or any benefit which is capable of being co...

Dr. Arun Deka and ors. Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. All the writ petitions pertain to the challenge made to the select list for appointment to the post of Demonstrator/Registrar/Resident Physician, etc., in the three Medical Colleges of the State under the health & Family Welfare (B) Department. As agreed to by the learned Counsel for the parties, they have been heard together and are being decided by this common judgment and order.2. The basic thrust made in all the writ petitions is about the alleged illegality committed by the Assam Public Service Commission (APSC) in conducting the selection and the publication of the select list pursuant to the same. The writ petitions are based on more or less the same theme, except the writ petition being WP(C) No. 1916/2006 in which the petitioner has made a claim that the quota, earmarked for ST(H) candidates having not been utilized in spite of the fact that the petitioner has been selected for appointment as ST(H) candidates is being deprived of the benefit of said quota.3....

Management of Steel Worth (P) Ltd. Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. This writ petition is directed against the order passed by the certifying Officer-cum-Labour Commissioner, Assam in the, proceeding under Section 10(2) of Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as the 'Act') holding that the petitioner-Company does not have standing order and accordingly under the Modal Standing Order, the age of retirement of its workmen should be 58 years.2. The petitioner is a Private Ltd. Company registered under the Indian Companies Act, 1956, and one of its factories is located at Makum Road Tinsukia, Assam. Its factory is engaged in manufacturing and fabrication of steel items of various descriptions including machineries.3. As per the statement made in the writ petition (para-3), the petitioner Company initially was a Ltd. Company, but subsequently it was converted to Private Ltd. Company. As per the requirement of the Act, the petitioner-Company has its certified Standing Order which was certified by the c...

Jahar Deb Vs. National Insurance Company Ltd. and ors.

Court: Guwahati

I.A. Ansari, J.1. We have heard Mr. P. Deb Roy, learned Counsel for the plaintiff, appellant, and Mr. P. R. Barman, learned Counsel appearing on behalf of the financier respondent No. 3.2. The appellant instituted, as plaintiff, Money Suit No. 11 of 1998, seeking decree for, inter alia, compensation of a sum of Rs. 30,00,000/- from the respondent Nos. 1 and 2 herein, as defendants, the case of the plaintiff-appellant being briefly stated, thus. With the help of the defendant No. 2, (i.e. the respondent No. 3 in the present appeal) as financier, the plaintiff purchased a truck, which came to be registered as AS/01-C-9147. This vehicle was insured with the defendant Nos. 1 and 2 for Rs. 5,60,000/-. On 30-9-1995, when the truck was proceeding from Guwahati to Agartala, it fell into river Borak, under Katigorah Police Station, District Cachar, and washed away. Having lost the vehicle and also the onion, which the vehicle was carrying, the plaintiff claimed the said sum of Rs. 30 lakhs as ...

Power Grid Corporation of India Limited Vs. State of Assam and ors.

Court: Guwahati

A.H. Saikia, J.1. Heard Mr. MZ Ahmed, learned Sr. Counsel assisted by Mrs. B. Dutta, learned Counsel for the petitioner in all these 3 writ petitions.2. Mr. BJ Ghosh is heard on behalf of the State respondents.3. Also heard Mr. PC Barpujari, Mr. SK Kejriwal and Mr. DK Das, learned Counsel representing the respondent No. 2, 3 and 3 in W.P.(C) Nos. 1978/01, 1980/01 and331/04 respectively.4. Since all these writ petitions carry the common question of law based on almost identical and similar question of facts, the same are heard analogously and are being disposed of by this common judgment and order.5. The writ petitioner, the Power Grid Corporation of India (for short, 'the Corporation') in W.P.(C) No. 1978/01, has challenged the judgment and order dated 22.12.2000 passed by the learned District Judge, Hailakandi in Misc. Case No. 139/ 99 in which the application preferred by the Respondent No. 2 under Sections 10 and 16 of the India Telegraph Act, 1885 (for short, 'the Act') read with ...

State of Mizoram Vs. Lalzarliana

Court: Guwahati

B.P. Katakey, J.1. This appeal is directed against the judgment of acquittal dated 22-6-2005 recorded by the ld. Additional District Magistrate (Judicial) Aizawl in Criminal Tr. No. 1160/2002 acquitting the respondent from the charges framed under Section 376(1) IPC.2. The prosecution story in brief is that, on 27-6-2002, a written First Information was lodged by Sh. Lalthandinga, PW 1, the father of the victim to the officer in-charge, Kulikawn Police Station, alleging that his abnormal daughter, aged about 13 years, residing at Reiek Village was sexually assaulted by the respondent during the month of May, 2002. The investigating agency, on receipt of the said FIR registered Kulikawn P. S. Case No. 125/02 Under Section 376(1) IPC, and upon completion of investigation, submitted the charge sheet. The learned trial Court, thereafter, framed charges against the present respondent Under Section 376(1) IPC and when the same was read over and explained to him, he pleaded not guilty and cl...

National Insurance Co. Ltd. Vs. Kanai Dasgupta and ors.

Court: Guwahati

Reported in: [2008(118)FLR268]

I.A. Ansari, J. 1. By an order, dated 16.6.2005, passed in T.S. (W.C.) 2 of 1998, the learned Commissioner, Workmen's Compensation, North Tripura, Kailashahar, has awarded, in all, a sum of Rs. 1, 71,415.00 as compensation to the respondent Nos. 2 and 3 herein, under the Workmen's Compensation Act, 1923, with further direction that the said amount of compensation would carry simple interest (c) 12% per annum from the date of filing of the claim petition until realization of the entire amount. The learned Commissioner further directed the Insurer, namely, the petitioner herein, shall make payment of the said awarded amount of compensation with interest: within a period of 45 days. Aggrieved by the award so passed, the Insurer made an application for review of the directions given to them for making payment of the interest. This review application gave rise to Misc. (Review) 10 of 2005. As there was delay in making the application for review, an application under Section 5 of the Limitat...

Kajal Gan Vs. Smt. Hazara Khatun and ors.

Court: Guwahati

I.A. Ansari, J.1. This Letters patent o appeal has arisen out of the judgment and X order, dated 14-5-2001, passed in F.A. No. 5.197 of 1996, whereby the appeal has been o dismissed and the order, dated 2-7-1999, passed by the learned District Judge, West Tripura, Agartala, in Civil Misc. (Insolvency) Case No. 1 of 1996, has been upheld.2. The material facts giving rise to this Letters Patent appeal may be noted as follows:By an award, passed in Title Suit (MAC) 5 of 1986, the learned Motor Accident Claims Tribunal, South Tripura, directed the present appellant, as owner of the offending vehicle, to pay Rs. 1,70,000/- as compensation to the claimant. As the compensation, so awarded, was not paid to the claimant, a recovery proceeding was initiated. On receiving the repeated notices for payment of the said compensation amount with the interest, which had accrued thereon, the appellant herein, made an application under Section 7 read with Section 10 of the Provincial Insolvency Act, 192...

The State of Manipur Vs. Waikhom Yaima Singh

Court: Guwahati

T. Nandakumar, J.1. By this appeal, the State of Manipur is questioning the correctness of the judgment and order of the learned Sessions Judge, Manipur West dated 28-8-1998 passed in S. T. Case No. 9 of 1994 directing the acquittal of the respondent/ accused from the charge under Section 302, I. P. C.2. Heard Mr. Jalal Uddin, learned PP for the appellant and Mr. N. Kumarjit, learned Counsel for the respondent/accused.3. The prosecution story as unfolded during the trial, in nutshell, are as follows:4. In the year 1989 Shri Oinam Deben Singh (PW-4) was reading in P. U. Sc. in Kha Manipur College, Kakching, during vacation in connection with Ningol Chakkouba and Gobardhan Puja for the year, 1989 he came back to his house at Thoubal Athokpam Khunou and one Shri Lourembam Hemanta (PW-3) s/o of Lourembam Chanbi Singh (PW-5) was his fast friend, Shri Oinam Deben, PW-4 and Shri Lourembam Hemanta Singh, PW-3 decided to enjoy the night at the house of Shri L. Hemanta. Accordingly, after takin...