Guwahati Court January 2007 Judgments
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National Insurance Co. Ltd. Vs. C. Tluanglinga and ors.
Court: Guwahati
Decided on: Jan-12-2007
A.B. Pal, J.1. By this appeal instituted by the Insurer the judgment and award dated 05.04.2005 passed in MACT Case No. 43 of 2004 by the Motor Accident Claims Tribunal, Aizawl has been called in question.2. I have heard Mrs. Helen Dawngliani, learned Counsel for the appellant and Mr. N. Sailo, learned Counsel for the claimant/ respondent.3. Nunmawii (younger brother's daughter of the claimant) lost her parents when she was minor. She was brought up by her uncle, the claimant, and married to a citizen of Myanmar. After the marriage she along with her husband went to meet her-in-laws in Myanmar. On way back to Mozoram along with her husband she met with an accident and died. She was only 21 years old at the time of her death. She had no child. After her death, her husband left for Myanmar for good. Her uncle obtained heirship certificate and instituted the claim case. According to him she was earning Rs. 3000/- (rupees three thousand) per month from her job of weaving. He claimed that ...
Kanchan Hazarika and ors. Vs. Monorama Sharma
Court: Guwahati
Decided on: Jan-12-2007
Ranjan Gogoi, J.1. This Second Appeal was filed by the defendant, who had lost in both the Courts below. The present appellants are legal heirs of the deceased Appellant defendant, who expired during the pendency of the Second Appeal. At the time of admission of this Appeal, the following substantial question of law was framed by this Court:Whether the plaintiff's husband had acquired any right, title over the land by virtue of unregistered deed of sale concerning immovable property worth more than Rs. 100/-2. In view of Misc. Case No. 169 of 2001 filed by the Respondents in the appeal and after hearing the learned Counsels for the parties and further on due consideration of the questions involved in the appeal, the Court is of the view that the following question of law should be framed as an additional question, requiring the Court's determination-Whether the plaintiffs possessory right, title can be interfered with by the defendant merely on the basis of the Sale Deed Ext. Ka execu...
New India Assurance Co. Ltd. Vs. Lalthangveli and ors.
Court: Guwahati
Decided on: Jan-12-2007
A.B. Pal, J.1. The same common judgment and award dated 22.3.2005 by the Motor Accidents Claims Tribunal, Aizawl passed in M.A.C. Case Nos. 79 and 80 of 2002 being impugned in the above two appeals preferred by the insurer appellant, I propose to dispose them by this common judgment.2. In a motor accident that occurred on 2.5.2002, Lalthangveli and her husband K. Zomuana, sustained injuries. The vehicle bearing registration No. MZ 01-B 0498 involved in the accident was a truck, which they hired for carrying the sandstone. It was found later that the accident had taken place due to failure of the brake system and not due to any negligence on the part of the driver. No criminal case was, therefore, registered against the driver of the vehicle. The injuries sustained by the wife rendered her permanently disabled to the extent of 30 per cent only. The husband came to be permanently disabled to the extent of 3 per cent only.3. While deciding the claim of compensation, the learned Tribunal ...
Ramen Baruah Vs. Presiding Officer, Labour Court and ors.
Court: Guwahati
Decided on: Jan-12-2007
Mutum B.K. Singh, J.1. The judgment dated June 27,2003 passed by the learned single Judge in W.R(C) No. 2156/2002 dismissing the claim of the appellant that the Children Home managed by the Indian Red Cross Society at Jalukbari is an industry, is under challenge in this appeal.2. Short facts leading to this appeal are that the appellant served as in-charge (Assistant) of Children Home Project, Jalukbari, a unit of the Indian Red Cross Society, Assam Branch since February, 1997 on payment of Rs. 1,600/- per month. He continued to serve but no monthly payment was made for the months of November and December, 1998. His representation to the 5 management over the matter, did not yield any favourable result and ultimately an industrial dispute being raised by him, the Government referred the same to the Labour Court, Assam on the following terms;nWhether the management of Indian Red Cross Society is justified in dismissing Shri Ramen Baruah without any notice w.e.f. November 1, 1998?3. Th...
Union of India (Uoi) and ors. Vs. V.L. Rawna and ors.
Court: Guwahati
Decided on: Jan-12-2007
A.B. Pal, J.1. A This second appeal has arisen from judgment and order dated 28.09.2005 passed by the Additional District Magistrate, Aizawl, Mizoram in RFA No. 19 of 2004 dismissing the appeal of the Union of India and affirming the judgment and decree passed by the Assistant to the Deputy Commissioner, Aizawl District on 10.11.2003 in Civil Suit No. 2 of 1999.2. The material facts necessary for disposal of this second appeal by the Union of India and others against concurrent findings of the Courts below should be noticed at the outset. The first three respondents/plaintiffs are husband, wife and their daughter who filed the Civil Suit No. 2 of 1999 against the Union of India and three other official defendants. The plaintiffs are the legal heirs of Mura (L). The land in dispute measuring 5.5 acres was covered by permit No. 570/75 issued under Section 3 of Mizoram (Agricultural Land) Act, 1963. Within the said area there was a fishpond measuring 1/2 bigha. In 1982 an agreement was e...
Rana Bahadur Singha Vs. Sandhya Singha
Court: Guwahati
Decided on: Jan-12-2007
H.N. Sarma, J.1. Challenging the legality and validity of the judgment and order dated 29.4.2006 passed by the learned Principal Judge, Family Court, West Tripura, Agartala, in Case No. Miscellaneous 30/2006 awarding maintenance allowance in favour of the respondent-wife to be paid by the petitioner-husband at the rate of Rs. 1,500.00 per month, the present revision petition has been filed by the petitioner-husband.2. I have heard Mr. Somik Deb, learned Counsel for the petitioner and Mr. N. Mazumdar, learned Counsel for the respondent.3. The respondent-wife having filed the Criminal Misc. Application No. 334/2006 praying for directing the petitioner-husband to continue payment of maintenance allowance at the rate of 1,500.00 per month by vacating the earlier interim order passed by the Court on 23.6.2006 in Criminal Misc. Application No. 183/2006 in which only Rs. 700.00 was directed to be paid by the petitioner-husband as maintenance allowance to the respondent-wife, the matter came ...
National Insurance Company Ltd. Vs. Mintu Debnath and anr.
Court: Guwahati
Decided on: Jan-12-2007
H.N. Sarma, J.1. This appeal is filed under Section 173 of the Motor Vehicles Act, 1988, by the appellant Insurance Company challenging the legality and the validity of the judgment and Award dated 12.7.2004 passed by the learned Motor Accident Claims Tribunal in TS (MAC) Case No. 228/2003 awarding a sum of Rs. 2,76,000.00 to the claimant respondent directing to be indemnified by the appellant Insurance Company.2. I have heard Mr. D.K. Biswas, learned Counsel for the appellant Insurance Company and Mr. Somik Deb, learned Counsel for the claimant respondent.3. The claimant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal, Agartala, registered as TS (MAC) No. 28/2002 praying for compensation amounting to Rs. 35,00,000.00 for the injuries sustained by him on account of vehicular accident that took place at Baramura on Assam Agartala Road alleging rash and negligent driving of the vehicle bearing registration No. TR-01-A...
North East Gases Pvt. Ltd. and anr. Vs. State of Assan and ors.
Court: Guwahati
Decided on: Jan-12-2007
Amitava Roy, J.1. The appellants/writ petitioner's having failed in their challenge mounted on the assessment and the consequential demand of tax and penalty under the Assam General Sales Tax Act, 1993 (hereafter referred to as the Act) on the charges realized by them for retention of their empty gas cylinders by the purchasers thereof for the assessment years 1993-94, 1994-95, 1995-96, 1996-97, 1997-98 are in appeal for redress.2. We have heard Mr. G.K. Joshi, Sr. advocate assisted by Mr. R.K. Joshi, Advocate for the appellants and Mr. K.N. Choudhury, learned Additional Advocate General, Assam, assisted by Mr. R. Dubey, Advocate for the respondents.3. The pleaded case of the appellants is that the appellant No. 1 is a private limited Company carrying on business of manufacture of Industrial Oxygen, Nitrogen and Dissolved Acetylene Gases and sale and supply thereof to its customers within and outside the State of Assam. It is a registered dealer under the Act and the Assam General Sal...
Chandrapur Thana Bazar Committee and ors. Vs. Haren Saikia and anr.
Court: Guwahati
Decided on: Jan-12-2007
I.A. Ansari, J.1. This second appeal has arisen out of the judgment and decree, dated 14.12.2000, passed by the learned Civil Judge (Sr. Division) No. 2, Guwahati, in Title Appeal No. 55/1999, decreeing the suit in favour of the plaintiff-respondents by reversing the judgment and decree, dated 30.9.1999, passed in Title Suit No. 08/1999, by the learned Civil Judge (Jr. Division), Pragjyotishpur, whereby the suit had been dismissed. As the learned appellate Court has decreed the suit, the defendants are, now, before this Court with this second appeal.2. The case of the plaintiffs may, in brief, be described thus: The suit land is covered by three dag numbers of two different pattas shown in Schedules 'A' and 'B' to the plaint. The suit land, described in Schedule 'A' to the plaint, originally, belonged to Late Tutula Keot, father of the plaintiff No. 1. On his father's death, the plaintiff No. 1 and his three other brothers inherited the suit land along with the land described in Sched...
United India Insurance Co. Ltd. Vs. H.C. Khono and anr.
Court: Guwahati
Decided on: Jan-12-2007
A.B. Pal, J.1. This is an Insurer's appeal calling in question the correctness and legality of the judgment and award dated 14.06.2005 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in MACT Case No. 31 of 2003, whereby an amount of Rs. 2,00,000 (rupees two lacs) with interest at the rate of interest 9% per annum has been awarded making the appellant liable to pay the same. Having permitted under Section 170 of the Motor Vehicles Act, 1988 (for short the Act) the Insurer contested the claim before the said tribunal on all grounds, which are available to the owner of the vehicle and the insurer.2. I have heard Mr. A.R. Malhotra, learned Counsel for the appellant and Mr. M. Guite, learned Counsel for the claimant/respondent.3. On 13th August, 1997 one H.C. Hiali was travelling by the Jeep bearing the registration No. MZ-03/0041, which met an accident. He sustained injuries and died on the same day. He was 60, survived by wife, two sons and a daughter. The daughter o...
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