Guwahati Court February 2008 Judgments

Manipur Pensioners Welfare Union Vs. Accountant General (a and F) and ...

Court: Guwahati

T. Nandakumar Singh, J.1. Petitioner-Petitioner's Union is a registered body, formed in the year 1988, being registered No. 97 of 1988. The members of the petitioner-Union are the pensioners and the families of the pensioners who retired during the period from 31.03.1982 to 31.12.1985 from the service of the Government of Manipur. The relief sought for the present writ petition are for a direction to the respondent No. 1 i.e. Accountant General (A& E), Manipur, Imphal to re-calculate the pension for the members of the petitioner-Union who retired from service during the period from 31.03.1982 to 1985 by taking into consideration the elements of DA and ADA which they enjoyed while in service and also for issuing a writ in the nature of certiorari for quashing the office order dated 30.10.2000 issued by the Accountant General, Manipur.2. Heard Mr. M. Hemchandra, learned Counsel appearing for the petitioner- Union and Mr. C. Kamal learned Senior CGSC appearing for the respondents.3. The ...

State of Manipur and ors. Vs. A.K. Cycle and Allied Centre and ors.

Court: Guwahati

T. Nandakumar Singh, J.1. In the present application for condonation of delay of 2141 days in preferring the review petition, the Applicants /state had seriously blamed the concerned Govt. Advocate/ Advocates who had been entrusted to appear on behalf of the Applicants/state in WA No. 90/2000 for not conducting the appeal with due diligence. But it goes without saying that if appeals filed by the government are lost for default of the concerned Govt. employee or the Govt. Advocate, no person is individually affected but what, in the ultimate analysis, suffers is the public interest.2. Mr. H.N.K. Singh, learned senior counsel appearing for the Applicants/state contended that the consequence of the dismissal of the W.A. No. 90/2000 filed by the Applicants/state on withdrawal would be the loss of money amounting to around Rs. 4 (four) crores from the public exchequer. The Govt. Advocate or the officer concerned responsible for withdrawal of the WA. No. 90/ 2000 shall not be left scot fre...

Rajeev Goswami Vs. State of Assam and ors.

Court: Guwahati

H.N. Sarma, J.1. The writ petition WP(C) No. 3282/2006 has been filed by the petitioner Challenging the legality and the validity of the judgment and order dated 15.6.2006 passed by the Assam Board of Revenue in Case No. 115 RA(K)/2005 dismissing the appeal filed by the petitioner confirming the order passed by the Deputy Commissioner, Kamrup, in Encroachment Case No. 16/2005. Similarly, WP(C) No. 3283/2006 has been filed challenging the decision of the Assam Board of Revenue passed in Case No. 116 RA(K)/2005 upholding the notice of eviction dated 25.5.2005 issued by the Deputy Commissioner, Kamrup.2. Both these two writ petitions have been filed by the same petitioner and the points involved for determination also being common, as prayed for, these writ petitions are heard analogously and disposed of by this common judgment and order.3. I have heard Mr. P.C. Deka, learned senior counsel for the petitioner assisted by Mr. N. Deka, learned Counsel and Mr. PS. Deka, learned GA, Assam.Mr...

Manash Padmabari Jinjiram Fishery Co-operative Society Ltd. Vs. State ...

Court: Guwahati

B.P. Katakey, J.1. The unsuccessful tenderer by the present writ petition has challenged the order dated 15.05.2006 passed by the Secretary to the Government of Assam, Fisheries Department settling No. 1 Dhar Brahmaputra Fishery (in short the fishery in question) in favour of M/s Kachudola Fishery Co-operative Society Ltd., respondent No. 4 for a period of seven years at a bid value of Rs. 35,15,644/-, which was the highest bid.2. The process of settlement of the fishery in question under Rule 12 of the Assam Fishery Rules, 1953 (in short the 1953 Rules) was initiated by the Deputy Commissioner, Dhubri district by issuing the Notice Inviting Tender (in short the NIT) dated 19.01.2006 inviting sealed quotation for settlement of the said fishery for a period of seven years with effect from 11.03.2006 to 10.03.2013 at the lower Government value of Rs. 1,31,046/-yearly fixing 03.02.2006 as the last date for submission of tender. Pursuant to such NIT, four registered co-operative societies...

Registrar (i and E), Gauhati High Court and Chittaranjansarma Vs. Amar ...

Court: Guwahati

Asok Potsangbam, J.1. Heard Mr. N. Dutta, Ld. Sr. Counsel assisted by Mr. R. Singha, Ld. Counsel, on behalf of the Applicant. None appears on behalf of the respondents despite due service of notice.2. The Applicant who is a Grade-I Judicial Officer of the Assam Judicial Service, is now working as Registrar General at the Principal Seat of the Gauhati High Court at Guwahati and he has filed this application for expunging the observation appearing in paras-6 and 8 of the Judgment and order dated 3.10.2005 passed by Hon'ble B.K. Sarma, J. in Review Petition Nos. 72, 73, 74 and 75 of 2005 and W.P. (C) Nos. 5416, 5401, 5282 and 5109 of 2005.3. The case of the applicant is that the then Registrar General was directed by the then Hon'ble Chief to put up a note for preparation of appeal against the order dated 29.7.2005 passed in W.P. (C) No. 5416/ 2005, W.P. (C) No. 5401/05 and W.P. (C) No. 5282/05 and order dated 21.7.2005 which was reported in 2007 (2) GLT 683 and, accordingly, a note date...

Divisional Manager, Oriental Insurance Co. Ltd. Vs. L. Hekuvi Sumi and ...

Court: Guwahati

Mutum B.K. Singh, J.1. This appeal is directed against the judgment and award dated 15.01.2007 passed by the learned Member, Motor Accident Claims Tribunal, Dimapur in MAC Case No. 05 of 2006 awarding compensation of Rs. 2,67,000/- to the claimant-respondent No. 1.2. That, necessary facts leading to the filing of the present appeal are that the claimant-respondent No. 1 filed a claim petition before the learned Member, Motor Accident Claims Tribunal, Dimapur (hereinafter referred to 'the Tribunal') for a compensation of Rs. 5,28,640/- alleging that on 03.10.2002 at about 03-30 pm he sustained injuries on his chest and right ribs in a vehicular accident while travelling in a bus bearing No. NL-06-B-0132, against the owner, driver of the vehicle and the appellant-Insurance Company.3. The claimant-respondent No. 1 claimed himself to be aged about 30 years at the time of accident, businessman by profession and earning about Rs. 5,000/- per month. According to the claimant, he suffered 35-...

Nazrul Islam Vs. State of Assam

Court: Guwahati

H.N. Sarma, J.1. Challenging the legality and validity of the impugned order dated 27.11.07 passed in GR. Case No. 1721/04 by the learned Judicial Magistrate, 1st Class, Guwahati by which P/A was directed to be issued against the petitioner, the present revision petition has been filed.2. To put in short, the relevant facts, necessary for the purpose of adjudication of the point involved and having relevance to the present case, are that the accused/petitioner is on the basis of an FIR of the Dispur Rs. Case No. 352/04 was registered against the police. After investigation of the case, the investigating officer having found prima-facie case submitted the charge sheet against him under Section 143/447/323/506 IPC along with another co-accused.3. On receipt of the charge sheet the learned trial court, directed to issue summon to the accused person vide order dated 10.1.07 fixing 15.3.07 for appearance. On 15.3.07 prayer for adjournment of the case having been made on behalf of the accus...

Oriental Insurance Co. Ltd. Vs. L. Hekuvi Sumi and ors.

Court: Guwahati

Reported in: 2009ACJ2824

Mutum B.K. Singh, J.1. This appeal is directed against the judgment and award dated 15.1.2007 passed by learned Member, Motor Accidents Claims Tribunal, Dimapur in M.A.C. Case No. 5 of 2006 awarding compensation of Rs. 2,67,000 to the claimant-respondent No. 1.2. That necessary facts leading to the filing of the present appeal are that the claimant-respondent No. 1 filed a claim petition before the learned Member, Motor Accidents Claims Tribunal at Dimapur (hereinafter referred to as 'the Tribunal') for a compensation of Rs. 5,28,640 alleging that on 3.10.2002 at about 3.30 p.m. he sustained injuries on his chest and right ribs in a vehicular accident while travelling in a bus bearing No. NL 06-B 0132, against the owner, driver of the vehicle and the appellant insurance company.3. Claimant-respondent No. 1 claimed himself to be aged about 30 years at the time of accident, businessman by profession and earning about Rs. 5,000 per month. According to the claimant, he suffered 35-40 per c...

Oriental Insurance Company Ltd. Vs. Kitbokson War and ors.

Court: Guwahati

H. Baruah, J.1. Heard Mr. V. K. Jindal, learned Counsel for and on behalf of the appellant, M/s. Oriental Insurance Co. Ltd. and also heard Mr. H. Mongkhlaw, learned Counsel for and on behalf of the respondent.2. The appellant, M/s. Oriental Insurance Company Ltd. by presenting this instant appeal has challenged the legality and correctness of the judgment and order dated 28-5-2007 passed in MAC Case No. 13/2007 by the learned Member, MACT, Shillong.3. An accident took place at Ryngdang-briew under Umiam Police Station, Ri-Bhoi District on Guwahati Shillong Road of 24-12-2004 at 7-45 p.m. and in the said accident a Maruti Car being registration No. ML 05C-5768 belonging to respondent No. 1 herein got damaged on being hit by a Truck bearing registration No. TR IC-1592 belonging to respondent No. 2 herein. The owner, respondent No. 1 as claimant filed an application under Section 166 of the MV Act, 1988 seeking compensation for the damage caused to his vehicle from the insurer of the Tr...

Hemanta Boro Vs. State of Assam

Court: Guwahati

I.A. Ansari, J.1. How to compute the periods of limitation prescribed under Section 468 of the Code of Criminal Procedure (in short, 'the Code'), which imposes bar to the taking of cognizance by the Court beyond the prescribed periods of limitation and how to construe the commencement of such a period of limitation under Section 469 read with Sections 471 and 472 of the Code are the two important questions, which this criminal petition, made under Section 482 of the Code, have raised. Can a Court suo moto invoke the provisions of Section 473 of the Code for the purpose of extending a period of limitation and for taking of cognizance of an offence after expiry of the period of limitation or whether an application, request or prayer is required to be made, in this regard, by the prosecution or the complainant? These are the questions, which have incidentally arisen for determination in this criminal petition.2. Let me, first, take note of the facts and circumstances, which have led to t...