Guwahati Court January 2008 Judgments
Oriental Insurance Company Vs. Tanjeso Lap and ors.
Court: Guwahati
Decided on: Jan-30-2008
H.N. Sarma, J.1. The points involved in these writ petitions being common, they are taken up for hearing analogously and disposed of by this common judgment.2. I have heard Mr. N. Nyorak, learned Counsel appearing for the petitioner in WP (C) Nos. 95(AP)/2007 and 96(AP)/2007. Also heard Mr. H.R. Obing, learned Counsel appearing for the petitioner in WP(C) Nos. 93(AP)/2007 and 94(AP)/2007 and Mr. R.H. Nabam, learned Sr. GA, AP, for the respondent No. 2.3. The necessary facts, for disposal of these writ petitions, may be summarized as follows:The respondent No. 1 in all the writ petitions filed cases before the Motor Accident Claims Tribunal, Tezu, claiming compensation under the provisions of Section 166 of the Motor Vehicles Act, 1988 (for short the 'MV Act'). The petitioner company being the insurer of the related vehicle involved in the accident having impleaded duly appeared in the case by filing written statements. In all the cases interim award for no fault liability under Sectio...
Tag this Judgment!Utpal Saikia (No. 410451f Riflemen) (Gd) Vs. Union of India (Uoi) and ...
Court: Guwahati
Decided on: Jan-30-2008
B.K. Sharma, J.1. The petitioner, presently languishing in jail, is aggrived by the order of penalty imposed on him, in terms of which, he has not only lost his job as Rifleman but is also serving the sentence of life imprisonment.2. The petitioner was enrolled in the Assam Rifle way back in 1982 (26.5.1982). On the crucial date i.e. the date on which the order of penalty of dismissal from service and life improsonment was passed, he had to his credit 17 years and 27 days of service.3. In an otherwise unblemished service carrier, the petitioner was taken up for a general court-martial in the year 1999, with the charge of committing a civil offence i.e. murder under Section 302 IPC and attempt to murder under Section 307 IPC. The charge sheet (Annexure-A) is qouted below:The accused, No. 41055IF Rfn./Gd Utpal Saikia of 4 Assam Rifles, a person subject to Army Act as Sepoy under Section 4(I) thereof, read with SRO 117 dated 28 Mar 60 SRO 318 dated 06 Dec., 62 as amended by SRO 325 dated...
Tag this Judgment!Mubarak HussaIn and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-30-2008
B.K. Sharma, J.1. The challenge made in this writ petition by the two petitioners is the resolution of the School Managing Committee, by which, their services as teachers of Madrassa School have been dispensed with.2. The petitioners joined the school called Bazia Gaon Anchalik M.E. Madrassa after they were appointed by the Managing Committee of the School by letters dated 11.12.87 and 19.2.94 respectively. Be it stated here that the school is at the venture stage and not a provincialised one. The petitioners have annexed Annexures-D and E inspection reports dated 27.6.1989 and 8.11.1990 furnished by Block Elementary Education Officer (BEEO) and Additional Deputy Inspector of Schools respectively. While by the first report recommendation was made for giving recognition to the school, by the second report recommendation was made for opening of additional classes, according approval to the appointments of the teachers and for provincialisation of the school.3. By Annexures-F and G order...
Tag this Judgment!Vivek Anand Singhania Vs. State of Assam and anr.
Court: Guwahati
Decided on: Jan-30-2008
I.A. Ansari, J.1. When a company or one of the directors of the company issues a cheque and the cheque, so issued, is dishonoured by the bank on whom the cheque is drawn, is every director of the company, whose cheque is so dishonoured by the banker of the company, liable to be proceeded against for offence punishable under Section 138 of the Negotiable Instruments Act (in short, 'the N.I. Act')? This is the moot question, which this criminal petition, made under Section 482 Cr.P.C., has raised.2. The opposite party No. 2 herein, namely, Sri Surendra Nath Sarma, lodged a complaint, in writing, with the Chief Judicial Magistrate, Golaghat, alleging, inter alia, thus: The complainant, while working in Rangajan Tea & Plantation Pvt. Limited, owned by opposite party No. 2, retired on 13.02.2004. After his retirement, the complainant wrote a letter, through the opposite party No. 1, to the acccused-opposite party to make payment give of gratuity amount. On 18.10.2006, the complainant accor...
Tag this Judgment!Ghanashyam Sarma and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-29-2008
I.A. Ansari, J.1. When would a financier's act of re-possession of a vehicle, which is covered by a hire-purchase agreement, not amount to an offence of theft? This is the cardinal issue, which these two petitions have raised.2. Both these Criminal Petitions, made under Section 482 CrPC, being inextricably connected with each other, have been heard together and are, therefore, being disposed of by this common judgment and order.3. Before I enter into the merit of the two Criminal Petitions, the material facts, which have led to these two petitions, are set out as under:Criminal Petition No. 225/2006(i) By making the application under Section 482 CrPC, which has given rise to this Criminal Petition, the petitioner has sought for, inter alia, quashing the FIR, which has given rise to Dibrugarh Police Station Case No. 396/2006 under Section 379 IPC. This FIR, which has been lodged, on 30.07.2006, by one Sri Ghanashyam Sarma (i.e. the petitioner in Criminal Petition No. 42/2007), reads th...
Tag this Judgment!State of Arunachal Pradesh Vs. Manmohan Singh Bhomrah
Court: Guwahati
Decided on: Jan-29-2008
B.P. Katakey, J.1. This appeal by the owner of the offending vehicle is directed against the judgment and award dated 10.7.2003 passed by the learned Member, MACT, Sonitpur in MACT Case No. 79/.99 awarding a sum of Rs. 1,75,000/- as compensation for the injuries sustained by the respondent-claimant in a motor accident arising out of the use of a motor vehicle.2. An application Under Section 166 of the MV Act 1988, in short the Act, was filed by the respondent as claimant praying for awarding compensation for the injuries sustained by him in a motor accident occurred on 8.2.99 at 3.30 P.M. out of the use of the motor vehicle bearing Registration No. AR-01/8729 belonging to the appellant, contending inter alia that while he was proceeding to his house on a motor bike bearing Registration No. AS-12/0947 from Tezpur town, all of a sudden the offending vehicle hit from behind and knocked him down and as a result of which he sustained injuries for which he was hospitalized initially in Kana...
Tag this Judgment!D.P. Goenka Vs. Vijoy Choudhury
Court: Guwahati
Decided on: Jan-29-2008
P.K. Musahary, J.1. This revision petition has been filed by the petitioner/plaintiff against the impugned judgment and Order dated 26-10-2006 passed by the learned District Judge, Shillong, in FAO 1 (H) 2006, remanding back the Misc. Case No. 21(H)/01 arising out of T.S. No. 18(H) 1999 to the Court of Munsiff with a direction to hear the parties and dispose of the application under Order 9, Rule 13 on merit.2. Before considering the present petition it is necessary to advert to the facts of the case projected by the plaintiff/petitioner and the circumstances leading to passing of ex parte decree and execution of the decree passed by the learned Munsiff Court.3. The plaintiff/petitioner filed the title suit 18(H)/1999 in the Court of Munsiff on 17-12-1999 for declaration, recovery and handing over of possession of the suit premises. The plaintiff/petitioner is the owner of the suit premises and the respondent/defendant was a tenant. The tenancy agreement executed between them was vali...
Tag this Judgment!Goutam Das and anr. Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Jan-29-2008
A.B. Pal, J.1. The challenge, in these two appeals, is to the judgment dated 19.04.2005, rendered by the Additional Sessions Judge, West Tripura Khowai in ST. 54 (WT/K)/2002, convicting Tapan, Das and Gautam Das under Section 302 of the Indian Penal Code (for short, IPC) and 27(3) of the Arms Act, but acquitting ten other accused persons. The two convicts have been sentenced to suffer imprisonment for life and to pay fine of Rs. 3000/- each and, in default, to suffer simple imprisonment for three months. They have challenged their conviction and sentences by instituting Criminal Appeal No. 47 of 2005. The State is before us, in Criminal Appeal No. 90 of 2005, challenging the acquittal of ten accused persons. We propose to dispose of both the appeals by this common judgment.2. Prosecution Version:- The factual matrix first. On 31.08.2000, at about 6.30 pm, one Tapan Chakraborty was done to death by a group of miscreants. He was the leader of the Democratic Youth Federation of India (DY...
Tag this Judgment!Atowar Ali and anr. Vs. Mustt. Jaitun Nessa Bibi
Court: Guwahati
Decided on: Jan-29-2008
I.A. Ansari, J.1. The moot question, raised in this Criminal Petition, is this: Whether it is permissible, under the law, for a Magistrate, specified in Section 97 of the Code of Criminal Procedure (in short, 'the Code'), to direct production before him of a male muslim child, aged about two years, if such a child is as alleged by the mother of the child to have been forcibly removed from her custody by her husband and kept confined against her will? Yet another important question, which this Criminal Petition raises, is this: Is forcible removal of a male muslim child, aged about two years, by his father from the custody of his mother amounts to an offence of wrongful confinement within the meaning of Section 340 IPC?2. Before I enter into the merit of the present petition, the material facts, leading to this petition, may be noted as follows:(i) A complaint was made to the Chief Judicial Magistrate, Kokrajhar, by the opposite party herein, her grievances being, in brief, thus: The a...
Tag this Judgment!Ek Mawlong Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Jan-28-2008
T. Vaiphei, J.1. This is an unusual writ petition. Unusual, because all the writ petitions and criminal petitions filed under Article 226 of the Constitution and Section 482, Cr.P.C. respectively taken up by me heretofore, were for seeking the intervention of this Court either for quashing FIRs or for quashing criminal proceedings, but in this case, neither FIR nor criminal proceeding has been registered against the petitioner. The prayers in the writ petition are as follows:.(T) Why writ in the nature of certiorari should not issue and the impugned letter dated 19.12.2002 (Annexure-3F), be not set aside and quashed and/or why a writ in the nature of Mandamus should not be issued directing the Respondents to cancel, recall and/or for-bear from giving any further effect to the aforesaid impugned letter dated 19.12.2002 (Annexure-3F), if any action has been taken thereunder and further be pleased to direct the respondents to publicly remove the stigma cast against your petitioner's name...
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