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Guwahati Court June 2006 Judgments

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Jun 05 2006

Oriental Insurance Co. Ltd. Vs. Gunamai Saikia and anr.

Court: Guwahati

Decided on: Jun-05-2006

D. Biswas, J.1. This letter patent appeal is directed against the Judgment and Order dated 10.01.2001 passed by the learned Single Judge in MA(F) No. 177/03. By the impugned judgment, the learned Single Judge allowed the appeal with the following directions:2. This appeal shall stand allowed in view of the fact that the vehicle in question was duly insured with respondent No. 2 and the learned Tribunal in MAC Case No. 1/85 apportioned the amount at the following rate:i) 58 thousand to the Insuranceii) 35 thousand to the owner.3. This cannot be done once a vehicle is insured the Insurance Company is liable for the entire amount. If any authority is required for this protection of law one may look at AIR 1972 A & N 42 (Rameswar Hazarika v. P.K. Baruah and Anr.).4. This disposes of the appeal.2. Mr. D. Sur, learned Counsel for the appellant Insurance Company submitted that the vehicle involved in the accident was insured with them for the limited liability of compensation of Rs. 15,000/-...


Jun 01 2006

Prabhat Chandra Rudra Paul Vs. Food Corporation of India and ors.

Court: Guwahati

Decided on: Jun-01-2006

T. Vaiphei, J.1. The common question of law involved in these two writ petitions is whether the selection of the petitioners for appointment to the posts of Assistant Grade-Ill under the Food Corporation of India, Regional Office, NEF Region, was by way of promotion or direct recruitment.2. I have heard Mr. S. Lodh, the learned Counsel for the petitioners. I have also heard Mr. P. Chakraborty, the learned Counsel for the respondents.3. To simplify the controversy involved in the writ petitions, suffice it to refer briefly to the facts of the case as pleaded in W.P. (C) No. 187 of 2003. The relevant facts of the case are that the petitioners No. 1 to 7,10,11,13 and 14 are presently holding the substantive posts of Assistant Grade-I(D) (AG-I for short) under the Food Corporation of India, NEF Region while the petitioners No. 8, 9 and 12 are still holding the substantive post of Assistant Grade-II (AG-II) for short) therein. It would appear that all the petitioners joined the service of ...


Jun 01 2006

Chanambam Menjor Singh Vs. Comdt./C.O. 61 Crpf and ors.

Court: Guwahati

Decided on: Jun-01-2006

T. Nandkumar Singh, J.1. In the present case, the victim of dehumanizing assault and torture in the custody of protector of law in uniform, unfortunately, is a lawyer who fights and pleads law for the citizens of India for protection of their right and liberty guaranteed by and under the Constitution of India in the court of law. The instances of dehumanizing torture and assault in the custody of the guardian of law are ever increasing. Even a lawyer became the victim of torture and assault in the custody of law protector in uniform; it is unthinkable what would be the situation in the case of an ordinary citizen of India. The dehumanizing torture, assault and death in the custody which have assumed alarming proportion raise serious question about the credibility to the Rule of Law and administration of criminal systems. No doubt it is true that the cry for justice is so loud that it deafens ear of the peace loving citizens of India that they cannot live in a peaceful atmosphere and t...


Jun 01 2006

Prakash Nath Vs. State of Assam

Court: Guwahati

Decided on: Jun-01-2006

I.A. Ansari, J.1. By the judgment and order, dated 30.06.04, passed in Sessions Case No. 188/2001, the learned Assistant Sessions Judge, Sonitpur, has convicted the accused-appellant under Section 376(2)(g) of the IPC and sentenced him to undergo rigorous imprisonment for seven years with a fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month.2. The case against the accused-appellant, as unveiled at the trial, may, in brief, be described thus: The victim, 'D', aged about 20/21 years, who is the daughter of the first informant 'B', came from the house of her parents, who live at Rangapara to Koliabor to attend a wedding. On 12/02/99, D's maternal uncle took her from Koliabor to Tezpur, at about 11 -00 a.m., by a bus and at Tezpur, D's uncle made her board into a bus, which was to proceed to Balipara and asked the driver of the bus i.e., accused Anand Mandal to drop 'D' at Balipara. In the said bus, accused Prakash Nath (...


Jun 01 2006

Mihir Sarkar Vs. Soma Roy (Sarkar)

Court: Guwahati

Decided on: Jun-01-2006

Ranjan Gogoi, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and decree dated 23.7.2001 passed by the learned Additional District Judge, West Tripura, Agartala in Title Suit (Divorce) No. 19 of 2000. The decree for divorce as prayed for by the appellant-husband having been refused by the learned trial court the present appeal has been filed.2. The case of the appellant-petitioner before the learned trial court, as evident from the application under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') filed before the said court, inter alia, is that the appellant and the respondent were married as per Hindu customary rites on 26.11.1996. Thereafter, according to the appellant he had lived and cohabitated with the respondent peacefully for about 6/7 months from the date of the marriage. However, according to the appellant, thereafter the respondent started ill-treating him and had compelled him to separate...


Jun 01 2006

Hem Chandra Goswami Vs. State of Assam and ors.

Court: Guwahati

Decided on: Jun-01-2006

T. Nandakumar Singh, J.1. Heard Mr. A.M. Majumdar, learned senior advocate assisted by Mr. U. Nair, learned advocate appearing for the appellant/writ petitioner as well as Mr. M.K. Choudhury, learned standing counsel for Education Deptt. and Mr. N. Baruah, learned Counsel appearing for and on behalf of the private respondent. No. 5.2. The appellant/writ petitioner filed the writ petition being C.R. No. 3577 of 1997 against the present respondents 1 to 4 for assailing the termination letter dated 31.8.1996 issued by the Principal/Secretary, Chaiduar College, Gohpur, Sonitpur for terminating the service of the appellant/writ petitioner as Lecturer in the Department of Political Science of Chaiduar College w.e.f. 31.8.1986. The learned Single Judge by passing the impugned judgment and order dated 5.3.2002 dismissed the C.R. No. 3577 of 1997. Hence, the present writ appeal.3. The factual panorama, stated in short, which gives raise to the filing of the writ petition, i.e., C.R. No. 3577 o...


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