Guwahati Court January 2007 Judgments
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Sahab UddIn Ahmed Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-09-2007
A.H. Saikia, J.1. Heard the learned Counsel for the parties.2. Basically in the instant writ petition, the petitioner has sought for the quashment of the resolution of the meeting of the Badarpur Anchalik Panchayat (for short, 'the Panchayat') for election of the President and Vice-President held on 15.11.2006 Annexure-8 to the writ petition) and also for a direction to the respondent No. 2, the State Election Commission, Assam, Guwahati and respondent No. 3, the Deputy Commissioner, Karimganj to hold the election of the President and Vice-President of the Panchayat in question especially in accordance with law in terms of the order passed by the Hon'ble Court on 18.01.2006 in W.P.(C) No. 9005/05 mainly on two counts, namely (1) that no notice convening the meeting for election of President and Vice-President of the Panchayat as required under Section 37(1) and (2) of the Assam Panchayat Act, 1994 (for short, 'the Act') read with Rules 48 and 53 of the Assam Panchayat (Constitution) R...
Sheo Balak Singh Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jan-08-2007
Ranjan Gogoi, J.1. An order of transfer dated 26.10.2006 has been assailed in the present writ application. By the aforesaid order the petitioner has been transferred from Headquarters HQ 42, BRTF/SETUK to Headquarters CE(P) SAMPARK. The petitioner is a Superintending Engineer in the General Reserve Engineering Force (GREF) under the Border Roads Development Board (BRDB). It may also be noticed, at this stage, that by the impugned transfer the petitioner is required to move from his present posting in Tripura to the State of Jammu & Kashmir.2. According to the petitioner, he had earlier instituted a writ proceeding before this court registered and numbered as W.P.(C) No. 4989 of 2006 wherein he had assailed an order dated 12.5.2006 of the Director General, Border Roads, declaring status-ante with regard to the equivalence of the post of Superintending Engineer with that of regular Colonel of the GREF. According to the petitioner, the respondents not being happy with the challenge made...
Nungshiton Begum and ors. Vs. United India Insurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Jan-08-2007
B.D. Agarwal, J.1. The aforesaid appeals are being disposed of by this common judgment as both appeals are arising out of the same judgment-cum-award of the learned Commissioner for workmen's Compensation under the Workmen's Compensation Act. MFA No. 2 of 2005 has been filed by the claimants challenging the judgment-cum-award dated 18.5.2005 passed by the learned Commissioner in Claim Case No. 17 of 2000, whereby he has deducted a sum of Rs. 1.5 lakh paid as ex gratia compensation by the State Government from the total award. MFA No. 3 of 2005 has been filed by the Commissioner (Election), Government of Manipur challenging the same judgment-cum-award awarding a sum of Rs. 3,69,500 and directing that the entire award has to be satisfied by the Election (Commissioner), after deduction of ex gratia payment.2. I have heard learned Counsel for the appellants, I have also perused the impugned judgment and the records.3. Brief facts, which are necessary to dispose of the above appeals, are s...
National Insurance Co. Ltd. Vs. Mintu Debnath and ors.
Court: Guwahati
Decided on: Jan-08-2007
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 12.07.2004 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. 228/2002 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 ...
Miehlo Manasia Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jan-08-2007
B.K. Sharma, J.1. The issue raised in this writ petition is as to whether the nominated members of the particular District Council in the State of Mizoram are entitled to vote relating to vote of confidence to be secured by the Chief Executive Member of the District Council.2. The election for the District Council viz. Mara Autonomous District Council (MADC) in the State of Mizoram was held on April, 2005 in which 22 members were elected with the following party wise break-up:Mizo National Front (MNF) - 10Indian National Congress(INC) - 04Maraland Democratic Front (MDF) - 07Independent (Mr. N. Viakhu) - 013. Mr. Viakhu, the independent member on being supported by the members belonging to INC and MDF was appointed as the Chief Executive Member (CEM) vide notification dated 27.04.2005 (Annexure-A) issued in the name of the Governor. After such appointment of the CEM, the Executive Committee of the Council was formed with the approval of the Governor and notification to that effect was ...
Runu Das Vs. Oriental Insurance Co. and ors.
Court: Guwahati
Decided on: Jan-05-2007
T.NK. Singh, J.1. Heard Ms. P. Chakraborty, learned Counsel for the petitioner as well as Mr. Section Dutta, learned Counsel for the respondents.2. Shortly put, the facts of the petitioner's case are that the petitioner was appointed as Assistant-cum-Clerk on 5.1.1993 in the Oriental Insurance Company Ltd. After joining the Company she got married and subsequently delivered her first child during 1997. It is stated that she was on maternity leave since 20.3.1997 to 17.6.1997 and after that period also she had to avail other leave due to other post delivery problems which were informed to the authorities from time to time.3. It is alleged that on 12.8.1999 the petitioner was suddenly served with a letter with details of unauthorized leave and directed to join duty immediately by the respondent No. 2, the Regional Manager. The unauthorized leave of the petitioner as calculated by the respondents are 237 days during the year 1997 and 1998 vide letter dated 12.8.1999.4. The petitioner on ...
Smt. Lili Bora Vs. Smt. Nishi Rani Hazarika and ors.
Court: Guwahati
Decided on: Jan-04-2007
I.A. Ansari, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, (in short, 'the MV Act, 1988') against the award, dated 28-9-1982, passed, in MAC Case No. 2/93, by the learned Motor Accident Claims Tribunal. Darrang, determining a sum of Rs. 52,000/- as compensation for the death of the claimant's 12/13 year old daughter.2. The case of the claimant may, in brief, be described thus : While the claimant's daughter, Rupanjali Bora, was proceeding, on 7-12-1992, to her school, the offending vehicle, namely, Ambassador car, bearing registration No. WMD 3689, ran over Rupanjali at National Highway No. 52 at Bheberghat, Mongoldoi town. Rupanjali sustained grievous injuries as a result of the said accident and succumbed to her injuries at the hospital.3. The claimant, then, made an application under Section 166 of the MV Act, 1988, and sought for a sum of Rs. 5,00,000/- as compensation. A claim proceeding was accordingly initiated against one Nishiranl Hazarlka, who is ...
Purnya Kala Devi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-04-2007
I.A. Ansari, J.1. This is an appeal against the award, dated 11.7.2002, passed, in MAC Case No. 34/1993, by the Motor Accident Claims Tribunal, Darrang, determining a sum of Rs. 1,41,400, as compensation, payable to the claimant-appellant by respondent No. 3 herein, namely, Abdul Salam, who is the registered owner of the offending vehicle, with interest at the rate of 9% per annum from the date of making of the claim application.2. The case of the claimant-appellant may, in brief, be described, thus:The claimant's husband, Dhanbahadur Chhetry, used to receive, as a Chowkidar of Udalguri Girls' High School, Rs. 1,000 per month as his salary. On 16.2.1993, at about 10.15 a.m., when the claimant's husband was proceeding on the road, he was run over by a bus, bearing registration No. AMZ-6858, and died, the accident having taken place due to rash and negligent driving of the offending vehicle by its driver. The claimant, therefore, sought for compensation of a sum of Rs. 2,00,000 only. Th...
Tripura GramIn Bank Vs. Laxmi Nag and ors.
Court: Guwahati
Decided on: Jan-04-2007
H.N. Sarma, J.1. Refusal to condone the delay in applying for final decree, after expiry of 3 years from the final decree as per provision Section 137 of the Limitation Act, 1963, by the petitioner Bank, vide order dated 29.6.2000 in Misc. Case No. 8(A)/2000 by the Civil Judge (Sr. Divn.), West Tripura, Agartala, is the subject-matter for adjudication of this revision petition.2. I have Mr. Sekhar Deb, learned senior counsel assisted by Mr. Section Dutta, learned Counsel for the petitioner and Mr. D.R. Choudhury, learned Counsel for the respondents/judgment debtor.To put in short the necessary facts for the purpose of disposal of this revision petition are, inter alia, that the predecessor in interest of the present respondent No. 1 took a loan from the petitioner Bank for the purpose of business and the respondent Nos. 2 and 3 stood as guarantors thereof. On failure to repay the loan amount by the loanee, the Bank/petitioner instituted a Mortgage Suit bearing No. T.S. 184 (Mort) of 1...
Golden Menthol Export Pvt. Limited Vs. Sheba Wheels (P) Ltd.
Court: Guwahati
Decided on: Jan-04-2007
A. Roy, J.This application under Section 439 of the Companies Act, 1956 (hereinafter also referred to as the 'Act'), read with Section 433 (e) thereof, registers a prayer for winding up the respondent-company, Sheba Wheels (P) Ltd., Ziakur Villa, Bishanpur, Shillong (Meghalaya).2. I have heard Mr. VK Chopra, learned Counsel for the petitioner. None has entered appearance on behalf of the respondent.3. The petition having been filed on 25.08.2006, this Court issued notice thereon on 31.08.2005, requiring the respondent to be served by registered post. Steps were accordingly taken by the petitioner and notice was issued on the respondent by registered post vide memo No. 242-HC-XIV dated 22.09.2005. The A/D card also returned after service of the notice on the sole respondent. The respondent, however, abstained from entering appearance in the proceeding. This Court on 12.12.2005 noticing the unrebutted statements in the petition and the nonappearance of the respondent-company inspite of ...
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