Guwahati Court August 2006 Judgments
Tripura Truck Owners' Syndicate Vs. State of Tripura and Ors.
Court: Guwahati
Decided on: Aug-31-2006
B.K. Sharma, J.1. The unsuccessful writ petitioner whose writ petition has been dismissed on the ground of being involved with disputed questions of fact has filed his writ appeal assailing the legality of the findings arrived at by the learned Single Judge. Be it stated here that the finding regarding involvement of disputed questions of fact had been recorded by the learned Single Judge on the basis of the intervention of the third party who are the respondents No. 3 to 16 in this appeal.2. The writ petition being W.P.(C) No. 148/06 was filed by the petitioner, namely Tripura Truck Owners' Syndicate, represented by the General Secretary for direction to the respondents, more particularly the respondent No. 2, to make the payments to the petitioners' syndicate in respect of utilization of the service of the trucks supplied by the petitioners' syndicate. Such a direction was prayed for in view of the issuance of the letter dated 10.03.06 by the Govt. of Tripura in the Directorate of F...
Tag this Judgment!Ganga Bala Bharali Vs. Anar Begam and ors.
Court: Guwahati
Decided on: Aug-31-2006
A.H. Saikia, J.1. The judgment and decree dated 31.7.1998 passed by the learned District Judge. Nagoan in Title Appeal No. 3/95 dismissing the appeal preferred by the defendant/appellant herein and upholding the judgment and decree dated 24.3.1995 passed by the learned Assistant District Judge, Nagaon in T.S. No. 4/91 decreeing the suit so instituted by the plaintiffs/respondents seeking a decree for declaration of right, title and interest as well as recovery of possession of the land described in Schedule 'Kha' to the plaint, has been assailed in this second appeal.2. The fact in brief as emerged from the perusal of the pleadings of the parties may be noted:Late Jahurul Hoque, the predecessor-in-interest of the plaintiffs/respondent Nos. 1 to 4, purchased a plot of land measuring 121/2 lechas along with the houses standing thereon on the western part of other half of the land as described in Schedule 'Kha' of the plaint, being the half of the total land of Katha-5 lechas covered by...
Tag this Judgment!Manager Hanuman Bagh Tea Estate Vs. Puneshwari Kurmi
Court: Guwahati
Decided on: Aug-30-2006
H.N. Sarma, J.1. This appeal is directed against the judgment and order dated 5.3.1997 passed by the learned Commissioner, Workmen's Compensation, Sibsagar in Case No. 9/94 allowing the compensation to the claimant/ respondent on account of accidental death of her husband during the course of employment under the appellant.2. I have heard Mr. G.N. Sahewalla, learned senior counsel for the appellant. None appears for the respondent/claimant.3. The substantial question of law that falls for decision in this appeal may be stated as follows:Whether the learned Commissioner, Workmen's Compensation was right in holding that the death of the deceased was caused by an accident arising out of and in course of employment, in terms of Section 3 of the Workman's Compensation Act ?4. To put in short the relevant facts for deciding the appeal are as follows:Late Paban Kurmi, the husband of the claimant-respondent was a permanent workman under the appellant. He was serving as Dresser in the Hanumanb...
Tag this Judgment!Barman Taye Vs. State of Assam and anr.
Court: Guwahati
Decided on: Aug-30-2006
I.A. Ansari, J.1. The petitioner assails, in the present revision, the legality, propriety and correctness of the judgment and order, dated 22.12.2004, passed by the learned Additional Sessions Judge (ad hoc), North Lakhimpur, in Criminal Appeal No. 2(1)/2002, dismissing the appeal and upholding thereby the judgment and order, dated 4.2.2002, passed by the learned Sub-Divisional Judicial Magistrate, Lakhimpur in GR Case No. 97/2000, convicting the accused-petitioner under Sections 448 and 326 IPC and sentencing him to undergo rigorous imprisonment for one year and pay fine of Rs. 1,000 and, in default of payment of fine, suffer simple imprisonment for a period of three months.2. The case against the accused-petitioner, as unfolded at the trial, may, in brief, be described, thus, on 1.1.2000, at about 8 P.M., accused Barman Taye, armed with a dao (machete), entered into the room of Bhabani Pawe by pushing open the door thereof and caught hold of the hand of Bhabani Pawe. On hearing Bha...
Tag this Judgment!Dr. Abhijit Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-30-2006
H.N. Sarma, J.1. The appellant by filing WP(C) No 9815/03 knocked the door of this court to invoke the jurisdiction under Article 226 of the Constitution by issuing a Writ to quash the adverse notings made against him in his personal file No. 93/2001 and to direct the Government to issue post facto notification regularizing his absence from service during training period at different places and allowing, him to join his original place of posting as Registrar of Surgery, in the Gauhati Medical College Hospital by regularizing his period of absence from 26.3.1999 till the date of filing the writ petition. In the interim the appellant has prayed for allowing him to join as Registrar of Surgery, in the Gauhati Medical College Hospital against the existing post that fell vacant due to promotion of one Dr. D.N. Choudhury.2. To put in short the relevant facts necessary for disposal of this appeal that have emerged from the pleadings and documents are that the appellant was appointed as Regi...
Tag this Judgment!Budheswar Bora Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-29-2006
B. Sudershan Reddy, C.J.1. The petitioner invokes the extraordinary jurisdiction of this court under Article 226 of the Constitution of India with a prayer to issue writ in the nature of habeas corpus directing the respondents to produce the detenue Smti. Moni Bora aged about 30 years, wife of Danda Bora resident of Village Deopanigaon, P/S Bokajan, District Karbi Anglong before this court and release her from detention and/or to produce the detenue before the Magistrate without any delay and to pay adequate compensation for illegal detention and to institute an enquiry by an independent investigating agency into the incident of causing disappearance of the said Smti. Moni Bora.Factual Matrix:2. The allegations levelled in the writ petition are that on 20.4.2005 at about 8 A.M. a police party led by Additional Superintendent of Police Mukul Saikia while carrying out an operation in the forest of Kalapahar under Bokajan Police Station in the Karbi Anglong District picked up Smti. Moni ...
Tag this Judgment!On the Death of Late Jagadish Chandra Ghosh His Legal Heirs, Geeta Gho ...
Court: Guwahati
Decided on: Aug-29-2006
D. Biswas, J.1. This revision petition under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India is directed against the judgment and order dated 22.12.2003 passed by the learned Civil Judge (Senior Division) No. 1, Guwahati in Misc. Appeal No. 20 of 2003.2. I have heard Mr. N. Dhar, learned Counsel for the petitioners and Mr. M.K. Choudhury, learned senior counsel for the respondent.3. The erstwhile revision petitioner Jagadish Chandra Ghosh, the predecessor-in-interest of the present revision petitioners, filed Title Suit No. 284/98 in the court of the learned Civil Judge (Jr. Divn.) No. 4, Guwahati praying for a decree for ejectment of the respondent on the ground that the respondent defaulted to pay house rent of the suit premises from 1.7.1996 onwards in spite of repeated demand. The defendant contested the suit by filing written statement. The learned trial Judge on conclusion of trial decreed the suit by the judgment dated 30.1.2001 wit...
Tag this Judgment!Brahma Thakur Vs. Geetanjali Enterprise and anr.
Court: Guwahati
Decided on: Aug-28-2006
A.H. Saikia, J.1. Heard Mr. S.P. Roy, learned Counsel to the petitioner.2. On close perusal of the impugned order as well as upon hearing in learned counsel, for the petitioner, this Court proposes to depose of the revision petition today itself at the motion stage.3. At the very outset, it is seen from the perusal of the cause title of the instant petition that by this application the petitioner has tried to invoke the writ jurisdiction of this Court under Article 227 of the Constitution of India seeking issuance of any writ of mandamus/certiorari and/or any other appropriate writ(s)/order(s)/direction(s) narrating all the averments and allegations against the findings recorded in the impugned order dated 23.6.2006 by the learned Civil Judge (Senior Divn.) No. 3, Kamrup, Guwahati in T.S. No. 127/05 by which on consideration of the application praying for setting aside the above order and the written statement filed by the defendants/respondents was accepted though the same was not f...
Tag this Judgment!Jamuna Devi Vs. District and Sessions Judge and ors.
Court: Guwahati
Decided on: Aug-28-2006
P.G. Agarwal, J.1. This matter relates to taking of the suo motu revision against the order dated 17.6.2005 passed by the learned Sessions Judge, Tinsukia in Transfer Petition No. 3/2005 whereby the Sessions Case No. 68(T)/02, which was pending in the court of the Additional Sessions Judge (FTC No. 2), Tinsukia was withdrawn and transferred to the court of the Additional Sessions Judge (FTC No. 1), Tinsukia.2. Srimati Jamuna Devi was the complainant in that Sessions trial and while the trial was proceeding before the learned Additional Sessions Judge (FTC No. 2), two accused persons namely, Gautam Bora and Prabin Tamuli filed the Misc. (Crl.) Transfer Petition No. 3/2005 before the learned Sessions Judge, Tinsukia under Section 408/409 Cr.P.C. for transfer of the said case from the trial court to any other court, wherein certain allegations were made against the trial court. The learned Sessions Judge, upon hearing both the sides, allowed the petition vide order dated 17.6.2005 and t...
Tag this Judgment!A. Biren Singh and ors. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Aug-25-2006
T.N.K. Singh, J.1. Heard Mr. H.S. Paonam, Mr. M. Hemchandra and Mr. Y. Nirmolchand, learned Counsel for the petitioners and Mr. Th. Ibohal, learned GA appearing on behalf of all the respondents.2. Since these writ petitions 5 (five) in numbers involve common questions of law and similar facts, these are heard jointly and disposed of by a common judgment and order. Facts of each of the case are being discussed in separate paragraphs of the common judgment and order.3. The writ petitioner of WP(C) No. 759 of 2006 was initially appointed as LDC (Lower Division Clerk) in the Directorate of Education (S), Government of Manipur vide order of the Director of Education (S), Government of Manipur dated 8.1.1973 (Annexure-A/1 to the present writ petition). The petitioner also passed the examination for Office Procedure held on 19.8.1973 and result of the said examination was published on 15.2.1974. The name of the petitioner appear at S1. No. 14 in the said notification dated 15.2.1974. The pet...
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