Guwahati Court January 2007 Judgments
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Nagen Hazarika (Deceased) Through Lrs. Vs. Smt. Manorama 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 preset 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 plaintiffs husband had acquired any right, title over the land by virtue of unregistered deed of sale concerning immovable property worth more than Rs. 100/-?In view of Misc. Case No. 169 of 2001 filed by the respondents in the appeal and after hearing the learned Counsel 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 executed b...
Food Corporation of India and ors. Vs. B. Purbanchal Road Services and ...
Court: Guwahati
Decided on: Jan-12-2007
A.B. Pal, J.1. The Food Corporation of India and two others have filed this second appeal against the judgment and order dated 28.09.2005 passed by the learned Additional District Magistrate (J), Aizawl in RFA No. 21 of 2004 whereby the judgment and decree passed by the Assistant to the Deputy Commissioner, Aizawl in Money Suit No. 15 of 2000 have been affirmed. According to the said decree, the appellant herein is liable to pay to the plaintiff/respondent herein an amount of Rs. 1,51,682.50 paise within a period of thirty days from 20.07.2004, failing which the amount would carry interest at the rate of 6% per annum.2. The material facts giving rise to the said proceeding may be noticed thus:B. Purbanchal Road Services (P) Ltd. (herein after referred as Contractor), the first respondent is a registered company and was appointed by the Food Corporation of India (for short Corporation) for carrying food grains from Guwahati to Kalasib for the period from 1997-1999. An agreement was ent...
On the Death of Nagen Hazarika His L/R Kanchan Hazarika and ors. Vs. M ...
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 ?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 plaintiff's possessory right, title can be interfered with by the defendant merely on the basis of the Sale Deed Ext. Ka execut...
Director General of Police and ors. Vs. B. Barnalata Devi and ors.
Court: Guwahati
Decided on: Jan-12-2007
U.B. Saha, J.1. By this writ appeal, the State appellants have assailed the judgment and order of the learned Single Judge dated 5.10.2001 passed in W.P.(C) No. 1388 of 2000, wherein and whereunder directed the appellants to regularise the service of the petitioners in the post of Constable/Assistant Teachers and Constable/Matron within a period of one month from the date of receipt of the judgment and order.2. Heard Mr. A. Mohendro, learned Counsel appearing for the State Appellants and Ms. Puspa, learned Counsel appearing for the respondents.3. The facts in nutshell, required to be adjudicated in this appeal are that the writ petitioner Nos. 1 to 8 (respondents herein) were initially appointed in the years 1981 and 1983 as Riflemen Assistant Teachers, Rifleman of the Unit School of the 1st Bn. Manipur Rifles (for short hereinafter referred as M.R.) on ad hoc basis for the period of six months or till the posts are filled up on regular basis, which ever is earlier; and petitioner No....
Biswapriya Bhuiya Vs. Jhumi Bank
Court: Guwahati
Decided on: Jan-11-2007
A.B. Pal, J.1. The petitioner Sri Biswapriya Bhuiya was married to the respondent Smt. Jhumi Banik on 11th May, 2004 by performing Hindu religious rites and rituals. The marital relation, however, suffered serious set-backs allegedly for mental and physical torture on the wife by the husband. The relation turned so bitter that at one stage she instituted a suit for divorce which was registered as T.S. (Divorce) Case No. 2005 in the Family Court, Agartala, West Tripura. The suit was finally disposed of by a consent decree for divorce on 23.9.2005. The compromise petition dated 19.8.2005 for mutual decree came to be the part of the decree. It is to be noticed that the compromise petition for mutual divorce was signed by the parties in presence of witnesses on 19.8.2005, wherein it was stipulated that the compromise for mutual decree between the parties would be unconditional. But, after a week, the respondent wife herein submitted a prayer that she had to agree to a mutual divorce witho...
Upendra Nath Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-11-2007
Amitava Roy, J.1. Heard Mr. Choudhury, learned Counsel for the petitioner and Ms. Gogoi, learned Standing counsel, Education Department for the respondents.2. The judgment & order dated 18.10.2000 passed by the learned Assam Administrative Tribunal, Assam, Guwahati (hereinafter referred to as the Tribunal) in Appeal Case No. 85 ATA/1998 is in challenge. This Court, while issuing Rule on 05.01.2001, has stayed the operation of the said verdict. It is submitted at the Bar that the petitioner continues to be the Vice Principal of Bhella Higher Secondary School (hereinafter referred to also as the School) as on date. The Respondent No. 5 though served with the notice of the proceedings; has chosen not to contest the same. No affidavit has been filed by any of the respondents.3. A brief outline of the relevant facts is indispensable. The petitioner who is a postgraduate in Botany was appointed subject teacher (P.G. Teacher) in the said subject in P.B. Higher Secondary School on 20.12.79. t...
Biswapriya Bhuiya Vs. Jhumi Banik
Court: Guwahati
Decided on: Jan-11-2007
A.B. Pal, J.1. The petitioner Sri Biswapriya Bhuiya was married to the respondent Smt. Jhumi Banik on 11th May, 2004 by performing Hindu religious rites and rituals. The marital relation, however, suffered serious set-backs allegedly for mental and physical torture on the wife by the husband. The relation turned so bitter that at one stage she instituted a suit for divorce which was registered as T.S. (Divorce) Case No. 2005 in the Family Court, Agartala, West Tripura. The suit was finally disposed of by a consent decree for divorce on 23.9.2005. The compromise petition dated 19.8.2005 for mutual decree came to be the part of the decree. It is to be noticed that the compromise petition for mutual divorce was signed by the parties in presence of witnesses on 19.8.2005, wherein it was stipulated that the compromise for mutual decree between the parties would be unconditional. But, after a week, the respondent wife herein submitted a prayer that she had to agree to a mutual divorce witho...
Raj Kumar Choudhury Vs. State of Tripura
Court: Guwahati
Decided on: Jan-11-2007
A.B. Pal, J.1. The Judgment dated 30-6-1998 by Additional Sessions Judge, West Tripura, Agartala in ST 78 (WT/A/1995) convicting the appellant Raj Kumar Choudhury, under Section 304-Part II of the Indian Penal Code and sentencing him to rigorous Imprisonment for six years and a fine of Rs. 5000/-, in default further imprisonment for one year, stands Impugned in the present criminal appeal.2. The deceased Nimai Choudhury was the uncle (father's brother) of the appellant. They lived within the same house in separate huts. But they had a dispute over the boundary of their respective shares of the homestead land and all attempts by the well wishers to amicably settle the dispute having failed, the relation between them continued to be strained. Frequently, they indulged in quarrels over boundary fencing. Pyari Mohan Choudhury, one of the brothers of the deceased and his son Kebal Choudhury, who also lived in adjacent huts supported the appellant in the said dispute. According to the prose...
Subal Kumar Dey Vs. State of Tripura
Court: Guwahati
Decided on: Jan-11-2007
A.B. Pal, J.1. The petitioner-Subal Kumar Dey is the Editor and Publisher of the Bengali daily named 'Syandam Patrika' printed, published and circulated from Agartala. One Yudhisthir Ray lodged a complaint on 8-5-1997 in Chebri Police Station under Khowai Sub-division against Mr. Dey that his newspaper published a news item on 25-2-1997 that some explosives had been recovered from the house of a person named Ganga Charan Debbarma who was the relative of the then Chief Minister, which was false and fabricated. According to the informant the said news item was published with a view to malign the democratically elected Chief Minister and to incite disharmony between the tribal and the Bengali communities. The written complaint was registered as Kalyanpur P.S. Case No. 46 of 1997 under Ss. 501, 505(l)(b)(c), 153, 153-A and 120-B of the Indian Penal Code. The investigation following the said FIR found prima facie evidence resulting to submission of a charge-sheet against Mr. Dey, the petit...
New India Assurance Co. Ltd. Vs. Madan Sahu and anr.
Court: Guwahati
Decided on: Jan-11-2007
I.A. Ansari, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 ('the W.C. Act') preferred by the insurer against the order dated 10.7.2000, passed by the Commissioner, Workmen's Compensation, Golaghat in W.C. Case No. 22 of 1995, determining a sum of Rs. 1,77,354 as the compensation payable to the workman, respondent No. 1, with direction that the appellant, as insurer, shall deposit the said amount of compensation along with interest at the rate of 6 per cent per annum from the date of making of the claim application. Aggrieved by the order dated 10.7.2007, the workman has also impugned the said order by way of a cross-objection filed in this appeal.2. I have heard Mr. A. Dutta, learned Counsel appearing on behalf of the insurer appellant and Mr. J. Singh, learned senior counsel appearing for the workman, respondent No. 1.3. At the relevant time of accident, the workman was admittedly a driver of the vehicle, which was involved in the accident, the accid...
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