Guwahati Court August 2006 Judgments
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Smt. Rani Saha Vs. Dipak K. Saha
Court: Guwahati
Decided on: Aug-25-2006
R.B. Misra, J.1. Heard Mr. B. Das, learned senior counsel assisted by Mr. R.R. Dutta, learned Counsel for Smt. Rani Saha, petitioner-revisionist. Also heard Mr. S. Kar Bhowmik, learned Counsel for Sri Dipak Kr. Saha, the respondent No. 1 and Mr. R.C. Debnath, learned P.P. In charge appearing for the respondent State.2. This criminal revision petition has been preferred under Section 397(1) Cr. P.C. (and not under Section 401. Cr. P.C.) against the judgment dated 18-2-2006 passed by the learned Additional Sessions Judge in Criminal Appeal No. 58(4)/05 preferred against the judgment dated 27-9-2005 of the Additional Chief Judicial Magistrate, West Tripura, Agartala (hereinafter called as ACJM) in CR. No. 3344/2001 affirming the conviction but modifying the sentence to pay a sum of Rs. 70,000/- (a sum of Rs. 65,000/-to be paid to the complainant and rest amount of Rs. 5000/- be deposited to the treasury) instead of sentencing the accused/ applicant/petitioner/revisionist by the learned A...
Nirmala Debnath and anr. Vs. New India Assurance Company Ltd. and ors.
Court: Guwahati
Decided on: Aug-24-2006
R.B. Misra, J.1. The present writ appeal has been preferred by Bishnu Debnath (after his death, his legal heirs were substituted in the light of this court's order dated 9.6.2004 in CM. Application No. 41 of 2003) against the judgment dated 18.12,2000 passed by this High Court (Single Bench) in Writ Petition (Civil) No. 121 of 2000, preferred under Article 227 of the Constitution of India by New India Assurance Company Ltd. ('the Assurance Company') challenging the validity of the judgment and award dated 4.12.1999 passed by the learned Member, Motor Accident Claims Tribunal (Court No. 2), West Tripura, Agartala ('the learned Tribunal') in Title Suit (MAC) No. 188 of 1995, whereby a compensation of Rs. 5,25,000 along with interest at the rate of 12 per cent per annum was awarded by the learned Tribunal with effect from 1.6.1995 and the 'Assurance Company' was directed to pay the said compensation within a period of 3 (three) months from 4.12.1999 failing which interest was liable to b...
Kartar Singh Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-24-2006
A. Hazarika, J.1. The power of review, which inheres in every court of plenary jurisdiction has been invoked by filing the review application for review of the judgment and order dated 17.3.2005, passed in Writ Appeal No. 25(SH) of 2002 in Civil Rule No. 262 (SH) of 2002, to prevent miscarriage of justice as pleaded, wherein the writ appellate court has concurred with the judgment and order dated 21.8.2002 passed by the learned Single Judge, holding that no case has been made out for interference while dismissing the writ appeal.2. The grounds of review as averred, would reveal that the writ appellate court has proceeded to decide the case under the provisions of Indian Electricity Act, 1910 (Act 9 of 1910) (herein after referred to as Act 9 o f (1910), whereas the said Act 9 of 1910 has been repealed under Section 185 of the Electricity Act of 2003 (Act 36 of 2003) (hereinafer referred to as Act 36 of 2003), with effect from 26.5.2003 and therefore, it was incumbent on the part of th...
Landmark Establishments (P.) Ltd. and anr. Vs. Guwahati Municipal Corp ...
Court: Guwahati
Decided on: Aug-23-2006
B. Sudershan Reddy, C.J.1. The writ petitioner No. 1 is a private limited company engaged in the real estate business of which the 2nd petitioner is the Managing Director.2. The present writ petition has been filed being aggrieved by the inaction on the part of the respondents in the matter of grant of No Objection Certificate in favour of the petitioner-company for building permission as sought by the petitioners.3. Shorn of all the details the petitioners have applied for building permission for construction of multi-storied building over a plot of land admeasuring 3 Bigha, 3 Katha, 3 Lechas situated at 11 bye-lane, Rajgarh Road, Guwahati through a proper application dated 16.9.2003 addressed to the Guwahati Municipal Corporation. The Corporation vide its letter dated 5.2.2004 rejected the application of the petitioners on the ground that the proposals submitted by the petitioners cannot be considered as 'the approach road width does not permit the apartment building. Plot abutting...
Kitply Industries Ltd. Vs. California Pacific Trading Corporation
Court: Guwahati
Decided on: Aug-23-2006
H.N. Sarma, J.1. Being aggrieved by the impugned order dated November 18, 2003 (California Pacific Trading Corporation v. Kitply Industries Ltd. [2004] 118 Comp Cas 580 (Gauhati)), admitting the Company Petition No. 10 of 2002 by the learned company judge, rejecting the prayer of the appellant, the present appeal has been filed.2. We have heard Mrs. M. Hazarika, learned senior counsel for the appellant and Dr. A. K. Saraf, learned senior counsel for the respondent.3. The aforesaid company petition was filed by the respondent-company praying for passing necessary orders to wind up the appellant company as, according to them, the appellant-company was unable to pay its debt due to the respondent-company. The basis of claim of the respondent-company is a foreign judgment passed by the District Court for the Middle District of North Carolina, Greensboro Division in Civil Action No. 1 : 98CV01041. By the said judgment the appellant-company has been made liable to pay a sum of $ 2,257,147.5...
National Insurance Co. Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-22-2006
A.H. Saikia, J.1. Heard Mr. S. Dutta, learned Counsel for the appellant and Mr. S. Das, learned Counsel for the respondents.2. On perusal of the record, it appears that though the instant appeal preferred under Section 30 of the Workmen's Compensation Act, 1923 ('the Act') was admitted on 19.4.1999, no substantial question of law as required under the provision of Section 30 of the Act was formulated.3. In view of the same, upon hearing the learned Counsel for the parties and also having carefully gone through the impugned judgment and award dated 4.1.1999 passed by the learned Commissioner Workmen's Compensation, Guwahati in W.C. Case No. 15 of 1997 the following substantial question of law has been formulated to-day itselfWhether the loss of earning capacity due to the injury not covered by Schedule-I of the Act is required to be assessed by the qualified Medical Practitioner in terms of Section 4(i)(c)(ii) of the Act.4. Before initiation of consideration of the rival contentions o...
Ajeet Corporation and ors. Vs. United Bank of India
Court: Guwahati
Decided on: Aug-22-2006
A.H. Saikia, J.1. Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. B.S. Singi, learned Counsel for the petitioners. Also heard Mr. S. Dutta, learned Amicus Curiae who has been requested to assist the court by representing the Bank respondent.2. Considering the short and limited point involved in this revision petition by which the order dated 14.3.1997 passed by learned Civil Judge (Senior Division), Dibrugarh in T.S. No. 67/92 was assailed on the ground that the learned Judge erroneously held that the suit was filed within the time, though as per records the suit was absolutely barred by limitation as the same was filed after a lapse of 3 years beyond the period of limitation prescribed for instituting a money suit and also upon hearing learned Counsel for the parties, this court proposes to terminate this revision petition finally as fixed today for final disposal vide order dated 1.8.2006.3. Assailing the impugned order dated 14.3.1997, Mr. Sahewalla, the learned s...
On the Death of Sole Appellant, His L/H Nilima Baruah and ors. Vs. on ...
Court: Guwahati
Decided on: Aug-22-2006
A.H. Saikia, J.1. Heard Mr. B.R. Dey, learned senior counsel assisted by Mr. M.A. Sheikh and Mr. S Dutta, learned Counsel appearing for the appellants. Also heard Mr. A.C. Sarma and Mr. P. Chakraborty, learned Counsel representing the respondents.2. This Second Appeal has been preferred against the judgment and order dated 8.9.1994 passed by the learned Distt. Judge, Dhubri in Title Appeal No. 3/93 allowing the appeal preferred by the plaintiffs/respondents herein and reversing the judgment and decree dated 30.6.1993 passed by the learned Asstt. Distt. Judge, Dhubri in Title Suit No.8/85 by which the suit instituted by the plaintiffs/respondents for partition of their ancestral property was dismissed.3. On 17.2.1995 at the time of admission of this appeal, the Ground Nos. 1, 2 and 3 enumerated in the Memo of Appeal were formulated as the substantial questions of law which are as follows:(i) For that the question of law arises whether partition can be made part of ancestral property a...
Budhewar Bora Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-21-2006
B.S. 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 Smt. 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 Kalapahar under Bokajan Police Station in the Karbi Angl...
Laheswari Basumatary Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-18-2006
B.K. Sharma, J.1. This writ petition narrates the woeful tale of an employee, who during his lifetime did not receive pensionary and other retirement benefits, even after,12 years of retirement on attaining the age of superannuation. He could not leave anything for his wife and family except the hope of getting the pensionary and other retirement benefits with burden of pursuing the same left to his wife. It took another 9 years for the wife, who is the petitioner in the instant writ petition, to get the said benefits at the intervention of this court. The apathy shown by the respondents in the matter is simply intolerable.2. The husband of the petitioner. Late Shri Jogendra Chandra Basumatary, entered the services of the respondents in the post of Mohorar way back in 1955 and retired from service on attaining the age of superannuation with effect from 31.10.1985. At the time of retirement, he was working as Lower Division Assistant (LDA) in the Bijni Tehsil office, which at that poin...
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