Guwahati Court February 2008 Judgments
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State of Nagaland and anr. Vs. Smti. Berila
Court: Guwahati
Decided on: Feb-05-2008
Hrishikesh Roy, J.1. Heard Mr. B.N. Sarma, learned senior counsel representing the Petitioner State of Nagaland. None appears for the respondent/ claimant Smti Berila.2. This review application has been filed seeking review of the judgment and order dated 12.4.2006, passed by this Court in MAC Appeal No. 19(K)/05, whereby this Court refused to interfere with the award granted by the Motor Accident Claims Tribunal, Dimapur in favour of the respondent/ claimant.3. The facts necessary for consideration of this review petition may be noted as under:(i) An accident took place on 17.12.1986 at village Lapa in Mon District of Nagaland, involving the vehicle No. NLP 1555 (Truck) belonging to the 6th NAP Battalion. Two constable namely Zungkum Yimchunger and Thsanso Yimchunger (misspelt as 'Throngsa' by the respondent/ claimant) both serving under the Nagaland Police died in the said accident.(ii) On 26.2.2002 one Smti Berila claiming to be the wife of the deceased constable Zungkum Yimchunger...
Smt. Putuli Das Vs. Dina Nath Talukdar
Court: Guwahati
Decided on: Feb-05-2008
H.N. Sarma, J.1. This appeal is directed against the judgment and order dated 16-9-2003 passed in T.S. (D) No. 06/03 by the learned District Judge.2. Although the suit of the plaintiff/respondent was dismissed but the findings on the Issue No. 3 having been gone totally against the appellant/defendant, necessity arose for her to file this appeal.3. I have heard Mr. D. Choudhury, learned Counsel for the appellant and Mr. D.M. Thakuria, learned Counsel appearing for the respondent/husband.4. The respondent/husband instituted the aforesaid suit praying for a decree of divorce to dissolve the marriage between the parties. The pleaded case of the respondent/ plaintiff is that he married appellant/defendant on 8-8-98 at Village Bhadra according to Hindu Rites but from the very beginning of the marriage they could not live a happy marital life due to ill behaviour of the defendant. At para 3 of the plaint it is pleaded as follows:3) That the cruel and untold harsh behaviour has reached zenit...
Rekha Paul and ors. Vs. Oriental Insurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Feb-01-2008
B.K. Sharma, J.1. While the writ appeal is in respect of an order passed by the learned Single Judge permitting conversion of the writ petition filed against the judgment and award of the Motor Accidents Claim Tribunal (MACT) into are-vision petition, the writ petition is in respect of the judgment and award passed by the MACT. The writ petitions involved in this proceeding were filed by the Insurance Company against the judgments and awards of the MACT. The matter has come before us by way of reference made by the Division Bench, which heard the matter. Since the issue involved is one and the same, the writ appeal and the writ petition have been heard analogously and are being disposed of by this common judgment and order.2. The three appellants in the writ appeal made an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of one Shri Arun Kanti Paul who was the husband of the appellant No. 1 and father of the appellants No. 2 and 3. He d...
Dhrubajyoti Tamuli and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Feb-01-2008
I.A. Ansari, J.1. When a person makes an application, having forged signatures thereon, to a revenue court seeking mutation of his name along with the name of the person, whose signature stands forged, in the record of rights, can a criminal court take cognizance of the offence of forgery, which such an applicant might have committed, without acomplaint, in writing, of the revenue court, where the application was made or of a court to which the revenue court is subordinate? This is the moot question, which the present Criminal Petition has raised. This question, in turn, gives rise to yet another question and the question is this: Whether the bar in taking cognizance, created by Section 195(1)(b)(ii) of the Code of Criminal Procedure (in short, 'the Code'), applies only when the offence has been committed with respect to a document after the document was already produced or given in evidence in a proceeding in any Court (i.e, during the time, when the document was in custodia legis), ...
Nyishi Elite Society and ors. Vs. Tadup Tana Tara
Court: Guwahati
Decided on: Feb-01-2008
H.N. Sarma, J.1. This revision petition is filed by the defendants/petitioners on being aggrieved by the order passed by the learned Deputy Commissioner, Yupia on 2.1.2008 transferring the Title Suit No. 1/08 to the Court of Additional District and Sessions Judge (Fast Track Court) Yupia for disposal as well as order dated 4.1.2008 passed in M.C. 1/08 granting ad-interim injunction against the defendants/petitioners by the transferee Court.2. I have heard Mr. T. Pertin, learned Counsel for the petitioners and Mr. K. Jini, learned Counsel appearing for the plaintiff/respondent.3. The plaintiff/respondent instituted the aforesaid title suit in the Court of learned Deputy Commissioner, Yupia along with an application praying for ad-interim injunction. The plaint was admitted on 2.1.2008 and on the same day the suit along with the Misc. case was transferred to the Court of learned Additional District and Sessions Judge (Fast Track Court), Yupia for early hearing. The record of the case wa...
Jayanta Kumar Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-01-2008
Hrishikesh Roy, J.1. Heard Mr. T.C. Khatri, learned senior counsel appearing for the petitioner. Ms. B. Goyal appears for the respondent/State.2. Writ petitioner, who was working as a peon in the office of the District Judge, Tezpur is before this Court to challenge the dismissal order dated 03.11.2000, passed against him in pursuance to a Disciplinary Proceedings drawn up against him. The petitioner is also contending that the punishment of dismissal is disproportionate to the charges made against him3. A disciplinary proceeding was drawn up against the petitioner while being posted as a peon in the Office of the District Judge, Tezpur by placing him under suspension by order dated 23.12.1999. A show cause notice dated 16.2.2000 was issued to him requiring him to show cause as to why a departmental enquiry should not be held against him for being an accused in connection with Tezpur Police Station Case No. 709/99. The petitioner in his reply dated 23.02.2000 denied the charge and req...
Hem Kanta Talukdar Vs. Sunil Sutradhar and ors.
Court: Guwahati
Decided on: Feb-01-2008
I.A. Ansari, J.1. By making this application under Article 226 of the Constitution of India, the petitioner has challenged the order, dated 28.03.2007, passed, in Criminal Appeal No. 30(D-4)/2006, by the learned Sessions Judge, Darrang, setting aside the order of confiscation, dated 04.12.2006, passed by the Authorized Forest Officer-cum-Divisional Forest Officer, Mangaldoi Division, under Section 49 C of the Assam Forest Regulations, 1891 (in short, 'the AFR').2. Before entering into the merit of this writ petition, the material facts, which have led to the making of the present writ petition, may be set out as follows:(i) On 29.12.2005, some forest officials of Dumunichowki Forest Check Gate intercepted a truck, bearing registration number AS-12B-9732, which was carrying wooden frames of ventilators, windows and one dining-table towards Guwahati. The said wooden frames were seized by the forest officials on the ground that the same were 'forest produce' within the meaning of Section...
Manohari Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-01-2008
A. Hazarika, J.1. By making this application under Article 226 of the Constitution on India, the petitioner has approached this Court seeking issuance of Writ/Writs commanding the respondent authorities not to deduct the amount of Rs. 2,60,393/- (Rupees two lakhs, sixty thousand, three hundred and ninety three only) from his pensionary benefits, which was drawn by the petitioner as salary for a period of 30 months, i.e. from 1.1.2000 to 30.6.2002 and pay pensionary benefits to the petitioner to which he is entitled to. The pensioner has also prayed for quashing the letter dated 29.6.2004 issued by Respondent No. 3 and consequent thereto for a direction to the respondent authorities to regularize the service period of the petitioner from 1.1.2000 to. 30.6.2002, purportedly to be overstay period beyond his date of superannuation.2. The petitioner's case in a narrow compass, is that, he was appointed on 23.7.1964 as a Work-charged Roller Driver under the Sub-Divisional Officer, PWD Rang...
Biplab Debnath Vs. State of Tripura
Court: Guwahati
Decided on: Feb-01-2008
A.B. Pal, J.1. This Criminal appeal is directed against the Judgment dated 5.12.2001 rendered by the learned Addl. Sessions Judge, Khowai, West Tripura in Sessions Trial No. 83 (WT/ K) of 2000 convicting the appellant Under Section 302 of the Indian Penal Code (for short 'IPC') and sentencing him to suffer imprisonment for life with a tine of Rs. 5000/- in default of payment, to suffer R. I for 3 (three) months in addition.2. We have heard Mr. S. Talapatra, learned Sr. counsel for the convict-appellant and Mr. D. Sarkar, learned Public Prosecutor for the State respondent.3. The convict-appellant is charged with murdering his own wife. He was a driver by profession. He married the deceased Jyoti Rani Debnath and lived together for only a short period before her premature passing away. The marriage did not bring peace for her as the husband mounted pressure for money from her father to buy a vehicle and a Colour Television. The acrimony between them turned into physical and mental tortu...
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