Guwahati Court January 2007 Judgments
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New India Assurance Co. Ltd. Vs. Lalbiaktluanga and anr.
Court: Guwahati
Decided on: Jan-17-2007
A.B. Pal, J.1. A nine year old boy was knocked to death by the vehicle No. MZ-03-1279 owned by the second respondent herein on 22.1.2004 at about 6 p.m. at Kolasib. Following the said accident Kolasib P.S. Case No. 16 of 2004 under Section 279/337/338 of the Indian Penal Code was registered. The father of the victim instituted on 18th May 2004 the motor accident claim Case No. 55 of 2004. The claim was contested by M/s. New India Assurance Co. Ltd., the appellant herein, on all grounds on permission obtained under Section 170 of the Motor Vehicles Act as the owner of the vehicle did not finally contest. The claim case came to be finally decided by the motor accident claims tribunal, Aizawl by judgment dated 9.2.2005 whereby an amount of Rs. 2,00,000/- along with interest at the : ate of 9% per annum from the date of filing i.e., 8.5.2004 till realization of the amount was awarded. Aggrieved, the Insurer has preferred the present appeal calling in question the correctness of the asses...
Aktar Ali Vs. State of Assam
Court: Guwahati
Decided on: Jan-17-2007
Aftab H. Saikia, J.1. Heard Mr. P.K. Roychoudhury, learned Amicus Curiae, who has been appointed in place of earlier appointed Amicus Curiae Mr. P.D. Nair, representing the appellant from jail as well as Mr. K.A. Mazumdar, learned P.P., Assam.2. This appeal from jail has been carried from the judgment and order dated 29.12.06 passed by the learned Addl. Sessions Judge (FTC) at Sonitpur Tezpur in Sessions Case No. 34/2006 by which the accused-appellant was convicted under Section 302 of the Indian Penal Code (for short 'the I.P.C.) and accordingly, he was sentenced to undergo imprisonment for life with a fine of Rs. 2000/- and in default to undergo rigorous imprisonment for 2 months for committing the offence of murder.3. Before delving upon the details pertaining to the challenge of conviction and sentence so handed down by the learned Judge to the accused-appellant, it would be convenient to notice the facts of the case in a nutshell.4. An FIR was lodged by one Ahmed Ali, P.W.1, wit...
Narayan Chakraborty Vs. Swapan Debnath and anr.
Court: Guwahati
Decided on: Jan-17-2007
A.H. Saikia, J.1. Heard learned Counsel for the parties.2. This appeal has been directed against the judgment dated 02.02.1999 passed by the learned Commissioner for Workmen's Compensation (for short, 'the Commissioner') in Title Suit (W.C.) 24 of 1996 dismissing the claim petition so preferred by the appellant as claimant seeking compensation under the Workmen's Compensation Act, 1923 (for short, 'the Act') 4ue to injury suffered by him in an accident in course of his duty as driver while driving the vehicle in question involved in the accident, holding that the appellant was not entitled to get any compensation basically on the sole ground that he failed to examine the doctors who gave the disability certificate as well as the discharge certificates on different dates.3. Assailing the impugned judgment, the learned Counsel representing the appellant, has strenuously contended that the learned Commissioner has committed a patent error of law in observing that due to non-examination o...
Nanto Ranjan Roy Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Jan-17-2007
A.H. Saikia, J.1. Heard learned Counsel for the parties.2. This arbitration appeal witnesses a challenge to the judgment and order dated 22.10.1998 passed by the learned Civil Judge (Sr. Division) Court No. 1, Agartala, West Tripura in Case No. TS (ARB) 119/97.3. Assailing the impugned judgment it is strongly argued by the learned Counsel appearing for the appellant that the sole arbitrator in passing the award dated 22.11.1997 misconducted in the related arbitration proceeding and the learned Judge totally ignored the objection so raised by the appellant in this regard resulting in miscarriage of justice and on this count alone the impugned award as well as the impugned judgment and order are liable to be set aside and quashed.4. On close perusal of the impugned judgment and order as well as on overall consideration of the facts situation so emerged from the arguments of the parties, it is found that the appellant wholly failed to substantiate his such allegation of misconduct agains...
State of Mizoram Vs. Lalzarliana
Court: Guwahati
Decided on: Jan-17-2007
A.B. Pal, J.1. The Judgment of acquittal passed by the learned Additional District Magistrate (Judicial) Aizawl in GR. No. 1160 of 2002 stands impugned in the present appeal by the State of Mizoram.2. I have heard Ms. Dinari T. Azyu, learned P.P. for the State appellant and Mr. C. Lalramzauva, learned Counsel for the convict respondent.3. The appeal was heard by this Court earlier and by an order dated 07.06.2006 the learned Trial Court was directed to record evidence of the victim girl, who was not examined during trial on the ground that she appeared to be abnormal and unable to understand the question put to her by the learned Trial Court on 02.05.2003. In compliance of the said direction given under Section 391 of the Criminal Procedure Code the learned Trial Court recorded the statement of the victim girl on 27.04.2006 and returned the case record alongwith the said statement for the purpose of disposal of this appeal.4. The prosecution case in brief, as could fee derived from th...
Mira Roy and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jan-16-2007
A.H. Saikia, J.1. Heard Mr. K.N. Bhattacharjee, learned Senior counsel, assisted by Mr. R. Debnath, learned Counsel for the appellants. Also heard Mr. S. Chakraborty, learned Additional Govt. Advocate for the State-respondents.This writ appeal has been directed against the common judgment dated 03.08.2000 passed by learned Single Judge having heard analogously as many as five writ petitions including W.P.(C) No. 394/1999 being preferred by the two appellants herein.2. Upon meticulous scanning of the judgment and order passed by the learned Single Judge, it appears that the prayer of the appellants herein was basically for regularization of service after their initial appointments on 24.03.1991 in the post of Supervisor (ICDS), Group-C under the Directorate of Social Welfare & Social Education, Agartala, Tripura on quashment of Memo dated 31.3.1999 by which they were directed to apply for the post of Supervisor, ICDS refusing to regularize their appointments being ad-hoc one. The learn...
Amar Chandra Deb Vs. Anjali Deb
Court: Guwahati
Decided on: Jan-16-2007
A.H. Saikia, J.1. Heard Mr. N. Majumder, learned Counsel for the petitioner-husband and Ms. S. Deb (Gupta), learned Counsel for the respondent-wife.2. By means of this application filed under Section 5 of the Limitation Act, 1963, the petitioner has sought for condonation of inordinate delay of 389 days in preferring the related first appeal against the judgment and order dated 12.05.2005 passed by the learned Judge, Family Court, West Tripura, Agartala in Misc. FC/61/2005 being filed by the wife-respondent seeking maintenance under Section 125 of Cr.P.C. wherein the learned Judge granted maintenance allowance to the respondent-wife @ Rs. 1,500/- per month.3. Explaining the delay in question, the petitioner has tried to set out the sufficient cause in paragraph Nos. 3 to 6 of the application, which may be noticed as under:3. That the Appellant-Petitioner is a man residing in rural area of Tripura having no knowledge and therefore, it was not known to him that within a certain period t...
Rupendra Shil Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jan-16-2007
A.H. Saikia, J.1. None appears for the appellant when the matter is taken up for hearing though the names of the learned Counsel for the appellant have been duly reflected on the board of the weekly hearing list commencing from 16.1.2007 to 19.1.2007.2. Heard the learned Govt. Advocate representing the State of Tripura-respondents.3. This writ appeal presented against the judgment and order dated 26.4.2000 passed by the learned Single Judge in W.P.C. No. 585/99 has been pending since 2000.4. On meticulous perusal of the impugned judgment and order, it appears that the prayer of the petitioner for his compassionate appointment under the die-in-harness scheme so floated by the State of Tripura due to the killing of his elder brother, an Assistant Teacher in Education Department, on 26.7.93 by the extremists while he was teaching in class room, was rejected by the impugned judgment holding that the petitioner was not entitled to get second employment under this scheme when one member in ...
Dishinang Golmei and ors. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jan-16-2007
U.B. Saha, J.1. By this writ petition, the petitioners have assailed the 3 (three) orders of termination dated 05.08.98 (to the writ petition) wherein and whereunder the service of the petitioners were terminated from the posts of Revenue Assistants, Fish Farm Assistant and Gear Assistant respectively.2. Heard Mr. Ch. Nikel, learned Counsel for the petitioners and Mr. Nepolean, learned GA appearing for the respondents.3. The facts, in a nutshell, require to be adjudicated upon in this writ petition are that: the petitioner Nos. 1, 2 and 3 were initially appointed to officiate against the post of Revenue Assistant, Fish Farm Assistant and Gear Assistant in the scale of Rs. 520-20-660-EB-25-860-30-1010/- p.m. with usual allowances lying vacant in Fisheries Department, Manipur w.e.f the date of joining duty until further orders vide orders dated 24.04.1986, 03.03.1986 and 15.02.1986 (Annexures- A/1, A/2 and A/3 to the writ petition) respectively, after they rendered continuous service f...
New India Assurance Co. Ltd. Vs. Kawllian Thanga and anr.
Court: Guwahati
Decided on: Jan-12-2007
A.B. Pal, J.1. The Judgment and award dated 1st June 2005 in MAC Case No. 143 of 2004 rendered by the Motor Accident Claims Tribunal, Aizwal stands impugned in this appeal by M/s New India Assurance Company Ltd. (for short the Insurer). By the said judgment an amount of Rs. 4,80,000/-(Rupees four lacs eighty thousands) with interest at the rate of 9% per annum from the date of filing of the claim petition till the date of realization has been awarded making the insurer liable to pay the entire amount.2. The material facts giving rise to the claim proceeding originates from a motor accident on 1lth July, 2004 claiming the life of one Teichhuma, aged about 34 years. The vehicle by which the deceased along with other passengers were travelling was a mini bus bearing registration No. MZ-06/0184 owned by one Lalramchangsanga, who himself was driving the vehicle. The owner met his end in the said accident. Some other passengers also died. The cause of the accident was later found to be sudd...
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