Guwahati Court June 2007 Judgments
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Arati Das and ors. Vs. Matilal Bhattacharjee and anr.
Court: Guwahati
Decided on: Jun-20-2007
R.B. Misra, J.1. Heard Mr. Somik Deb, with Mr. A. Pal, learned Counsel for the appellants and Mr. K.N. Bhattacharjee, learned Senior Counsel assisted by Mr. S. Chakraborty, learned Counsel for the respondent owner. Heard also Mr. P. Gautam, learned Counsel for the Insurance Company.2. The present appeal has been preferred Under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and award dated 24.6.1999 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala (the learned Tribunal for short) in Case No. T.S., (MAC) 261 of 1996 preferred Under Section 166 of the M.V. Act, before the learned Tribunal in reference to the death of Dinesh Das, husband of the appellant No. 1 and father of other claimants in a motor accident which occurred on 21.8.1992 at about 1610 hours at Nailaha Bail on the Assam Agartala road under Ambassa police station.3. The said accident occurred on 21.8.1992 when the victim Dinesh Das was proceeding along with Assam Agartala Road a...
Prabhakar Goswami, Ex-constable/Gd No. 871240606 Vs. Union of India (U ...
Court: Guwahati
Decided on: Jun-19-2007
B.K. Sharma, J.1. The challenge made in this writ petition is the order by which the petitioner has been removed from service pursuant to a departmental enquiry.2. The petitioner while was serving as constable (G.D.) under the respondents was issued with the memo of charge sheet dated 08.10.03 proposing to hold an enquiry under Rule 27 of the CRPF Rules, 1955. While furnishing the charge sheet, he was directed to submit his representation within 15 days from the date of receipt of the same. The charge against the petitioner was for unauthorisedly absence from duty by way of overstaying leave earlier granted. The period of such unauthorized absence was from 13.11.02 to 25.05.03 (total 195 days). The charge reads as follows:That the No. 871240606 CT/GD P. Goswami of D/49 Bn., CRPF while functioning as CT/GD committed an act of misconduct and disobedience of order/neglect of duty/remissness in the discharge of his duty/other misconduct of misbehavior in his capacity as a member of the Fo...
Rafique Ahmed Mazumder Vs. Hindustan Paper Corpn. Ltd. and anr.
Court: Guwahati
Decided on: Jun-19-2007
Aftab Hussain Saikia, J.1. Heard Mr. A.M. Mazumdar, learned Sr. counsel assisted by Ms. D. Borgohain, learned Counsel appearing for the petitioner. Also heard Mr. A.K. Phukan, learned Sr. counsel assisted by Mr. J. Roy, learned Counsel appearing for the Hindustan Paper Corporation Limited, (for short, 'the HPC')/respondents.2. The short point that has been raised herein for resolution of this Court is as to whether Account Payee Pay Order issued from Dena Bank, Panbazar Branch, Guwahati submitted as earnest money enclosed with the tender paper pursuant to Notice Inviting Tender (for short, 'the NIT') dated 26.3.2007 floated by the HPC for awarding the contract work for Transportation, Bundling and Feeding of Bamboo in violation of the terms and condition so stipulated in Clause 2.1.3.1. of the NIT which provides that 'Earnest Money as mentioned in the NIT is to be deposited in the form of Demand Draft/Call Deposit drawn in favour of Hindustan Paper Corporation Limited, Nagaon Paper Mi...
Krishna Devi @ Sabitri Devi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-19-2007
Aftab Hussain Saikia, J.1. Heard learned Counsel representing the parties including learned Central Government Standing Counsel appearing for the official respondents.2. The basic issue raised in this writ petition, filed under Article 226 of the Constitution of India for issuance of an appropriate writ/s, order/s and/or direction/s, pertains to permanent removal of the name of the petitioner's contractor concern M/s S.R. Engineering Constructions (for short, 'the Firm') from the approved list of contractors.3. Accordingly, the validity and legality of the impugned orders/communications dated 10.08.1999 and 04.12.1999 (Annexure-A and Annexure-F to the writ petition respectively) issued on behalf of the Chief Engineer, Headquarters, Eastern Command, Fort William, Calcutta, the respondent No. 2 addressed to the Firm, P.O. Dera Baba Rudru,' District-UNA-174303, Himachal Pradesh whereby the name of the Firm was permanently removed from the list of approved contractors and the renewal of e...
Sonfulia Chandik Vs. Chaturbhuj Gupta and ors.
Court: Guwahati
Decided on: Jun-19-2007
T. Nanda Kumar Singh, J.1. This second appeal is directed against the judgment and decree dated 26.5.2000 passed by the learned District Judge, Nagaon in Title Appeal No. 4 of 1999 allowing the appeal by reversing the judgment and decree passed on 1.4.1999 in the Title Suit No. 29 of 1990 by the Civil Judge (Senior Division). The present appellant is the plaintiff No. 2 in Title Suit No. 29 of 1990 of the Court of Civil Judge (Senior Division), Nagaon. The present appeal was admitted for hearing on the four (4) substantial questions of law, one of which being substantial question No. 4 is quoted below:4) Whether the possession of land on the basis of the admitted invalid document is ipso facto sufficient to categorize the possession as adverse against the vendor as well as the whole world, and if so, in the circumstances of the case, the learned lower appellate court was legally entitled to insist for adducing separate oral evidence for determination of adverse possession over the lan...
Ram Santosh Chauhan Vs. State of Assam
Court: Guwahati
Decided on: Jun-19-2007
Hrishikesh Roy, J.1. Heard Mr. B.K. Mahajan and Mr. A. Choudhury, learned Counsels appearing for the appellant. Also heard Mr. B.S. Sinha, learned P.P., Assam.2. This appeal is filed against the Judgment and Order dated 30.4.2004 in Sessions Case No. 403/2003 rendered by the Sessions Judge, Morigaon, where by the appellant/accused has been convicted for an offence punishable under Section 306 of the IPC. On the basis of such conviction the appellant has been sentenced to undergo Rigorous imprisonment for a period of 8 years with a fine of Rs.1,000 in default.Although, the appellant was charged also for an offence Under Section 498-A of the IPC, the finding of the learned trial Court is that the offence of Section 498-A is not attracted in the present case.3. The prosecution case is that the deceased Gudari was married about 5-6 years prior to the incident with the accused Ram Santosh Chauhan. The deceased was the second wife of the accused and bore him 2 children. The first wife of th...
State of Tripura and Ors. Vs. Parul Das @ Parul D'souza and Ors.
Court: Guwahati
Decided on: Jun-15-2007
R.B. Misra, J.1. Heard Mr. G.S. Bhattacharjee, learned Advocate for State of Tripura and other section Also heard Mr. A. Lodh along with Mr. U.K. Majumder, learned Counsel for the Opposite Party.2. As agreed by the learned Counsel for the parties, the case is taken up today for final disposal at the admission stage.3. The present petition under Article 227 of the Constitution has been filed against the order dated 27.11.2006 passed by the Commissioner, Workmen's Compensation, West Tripura, Agartala in Civil Misc. Case No. 136 of 2005 where by the prayer for condoning the delay of 69 days in the Review application being Civil Misc. Case No. 136/2005 (both the delay condonation petition and the review application) was rejected. An application under Section 5 of the Indian Limitation Act was preferred for condoning the delay seeking review of the Judgment and Award dated 25.01.2005 passed by the learned Commissioner in Case No. T.S. (MAC) 33/2001.4. In the instant petition, the petitione...
R.K. Talukdar (ic-35161f Lt. Co.) Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-15-2007
Amitava Roy, J.1. The challenge in the constitutional attire is pitched against the order dated 26.4.2005 passed by the learned Sub-Divisional Judicial Magistrate(s) No. 1, Guwahati, in GR Case No. 5424/04 drawing cognizance of the offences under Section 448/376/506 IPC against the petitioner as well as the order dated 28.6.2005 issuing a non-bailable warrant of arrest against him. This Court while issuing notice of motion on 8/7/2005 in the interim suspended further proceeding in the aforementioned case as well as the execution of the orders impugned.2. I have heard Mr. A.K. Bhattacharyya, Sr. Advocate assisted by Mr. A.J. Das, Advocate, for the petitioner, Mr. D.C. Chakraborty, learned Central Government Counsel for the Union respondents, Mr. J.M. Choudhury, Sr. Advocate assisted by Mr. A.M. Bora, Advocate for the respondent No.5 impleaded vide order dated 16.9.2005 passed in MC 2733/05 and Ms. R. Chakraborty, learned State Counsel for the State of Assam. The respondent No. 5 on he...
Avtar Singh Vs. Andrew Yule and Company Ltd. and ors.
Court: Guwahati
Decided on: Jun-15-2007
I.A. Ansari, J.1. By making this application under Section 482, Cr. P.C. the petitioner, who was complainant in Complaint Case No. 209/2004, has sought' for, inter alia, setting aside and quashing the judgment and order, dated 2-5-2005, passed, in Criminal Revision No. 6(l)/2005, whereby the learned Additional Sessions Judge, Dibrugarh, has set aside the order, dated 3-8-2004, passed, in Complaint Case No. 209/2004, whereby the Additional Chief Judicial Magistrate, Dibrugarh, took cognizance of offences under Section 420/506/294/34, IPC and directed issuance of processes to the accused named therein.2. The material facts, which have led to the making of the present application under Section 482, Cr. P.C. may be set out as follows:(i) The petitioner herein lodged a complaint, which gave rise to the Complaint Case No. 209/2004 aforementioned, the complainant's case being, briefly stated, thus : The complainant is the proprietor of a business concern, which is run under the name and sty...
Deba Chakrabarty and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-14-2007
B.K. Sharma, J.1. The petitioners, who are the Scale-I officers of the respondent Bank, are aggrieved by the procedure adopted towards effecting promotion to the next higher grade (Scale-II). Although the particular challenge made is in respect of Annexure- 'D' and 'E' promotion orders, both dated 31.3.2000, but in effect, the petitioners have questioned the legality and validity of the promotion of their juniors to Scale-I grade, which according to them, is by way of adopting a wrong procedure. There is no dispute that the promotion from Scale-I to Scale-II grade is made on the basis of the 'seniority-cum-merit'. There is also no dispute that considering the inter-se seniority of the petitioners vis-a-vis the private respondents, the petitioners are senior to some of the private respondents.2. From the materials on record, what has transpired, is that the respondent Bank considered the case of promotion of the Scale-I eligible officers of the Bank in the year 2000 and on the basis of...
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