Guwahati Court April 2008 Judgments
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Branch Manager, Oriental Insurance Co. Ltd. Vs. Subodh Sarkar and anr.
Court: Guwahati
Decided on: Apr-30-2008
I.A. Ansari, J.1. By the order, dated 13.04.2007, passed, in TS(WC) Case No. 38/2004, learned Commissioner, Workmen's Compensation, West Tripura, Agartala, has awarded, in all, a sum of Rs. 3,30,205/-, as compensation to the respondent No. 1, namely, Subodh Sarkar, father of the deceased under the Workmen Compensation Act, 1923 (hereinafter referred to as 'the Act'), with further direction that the said amount of compensation would carry interest @ 12% per annum from the date of making of the claim application, i.e., on 04.09.2004, until payment of the compensation amount. The learned Commissioner further directed the insurer, namely, the present petitioner, to make payment of the compensation amount, with interest as directed hereinbefore, within a period of 45 days from the date of the award. Aggrieved by the award, so passed, the present insurer has preferred this appeal under Section 30 of the Act.2. The substantial question of law, which falls for consideration in the present app...
Satya Das @ Satyabrata Das Vs. Smt. Sujata Das
Court: Guwahati
Decided on: Apr-30-2008
I.A. Ansari, J.1. This revision is directed against the order, dated 21.1.2008, passed by the learned Family Court, North Tripura, Kailashahar, in Cri. Misc. No. 66 of 2007, which arose out of an application, made under Section 125 of CrPC, by the opposite party herein, claiming herself to be unmarried daughter of the present petitioner. The petitioner herein contested the proceeding by denying not only the parentage of the opposite party, but also her right to receive maintenance, under Section 125. CrPC, on the ground that the opposite party herein, having attained majority, was no longer entitled to claim maintenance under Section 125, CrPC. Having found that the opposite party herein has been proved to be present petitioner's daughter, the learned Court below directed the petitioner to pay maintenance allowance to the opposite party at the rate of Rs. 1,000/- per month with effect from the month of January, 2008. Aggrieved by the order aforementioned, the petitioner has impugned t...
Shipra Shome Vs. Government of Meghalaya and ors.
Court: Guwahati
Decided on: Apr-30-2008
H.N. Sarma, J.1. Dismissal of the petitioner from service vide Office Order No. 7 of 2001 dated 27.7.01 by the respondent/bank is the subject matter of challenge in this writ petition.2. I have heard Mr. S.R. Sen, learned Sr. counsel assisted by Mrs. P.D. Bujarbaruah, learned Counsel for the petitioner and Mr. V.K. Jindal, learned Sr. Counsel appearing for the respondents No. 3 to 9.3. The petitioner joined in the service in the respondent bank initially as Assistant-cum-Typist as per appointment order dated 7.6.75 and in course of time, she was duly promoted to the rank of Secretary of the bank from 16.8.96. But in later part of October, 2000, the petitioner was served with a notice to explain certain irregularities alleged to have been committed by her and on 13.11.2000 the petitioner was suspended from service, pending enquiry.4. A charge memo was issued to the petitioner mentioning six different charges on the allegations contained therein. Though initially the petitioner prayed f...
Union of India (Uoi) Vs. Freight Carriers
Court: Guwahati
Decided on: Apr-30-2008
B.D. Agarwal, J.1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act') has been filed by the Union of India praying for setting aside the award dated 21.12.2005 passed by the learned sole arbitrator in Arbitration Case No. MS 3 of 2002 and also the judgment and order dated 24.11.2006 passed by the learned Additional District Magistrate (Judicial), Aizawl in Arbitration Case No. 1 of 2006 upholding the award.2. I have heard Mr. S.N. Meitei, learned central government counsel for the appellant. The sole respondent/contractor was represented by Mr. A.R. Malhotra, learned Counsel. I have also perused the impugned award, contract agreement and evidence of the parties.3. The impugned award has been assailed basically on the ground that the same is in contravention of Section 28 of the Arbitration Act. It was also contended on behalf of the appellant that although there was no clause of price escalation the learned arbitrator has given the award in ...
Sukur Ali and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-29-2008
P.K. Musahary, J.1. Heard Mr. P. Mahanta, learned Counsel for the appellants and Mr. B.B. Gogoi, learned Additional Public Prosecutor, for the Respondent State.2. The prosecution story in brief is that on 12.3.1999, one Sri Krishna Singh of Pannaighuli village filed a written Ejahar with the In-charge, Mahabhairab Police Out post alleging that in the mid night intervening 10.3.1999 and 11.3.1999, two co-villagers namely Md. Sukur Ali and Md. Abu Husain trespassed into the house of the informant and committed rape on his wife Smti. Rani Singh. Some villagers having come to know went to the house of the accused persons to enquire about the occurrence but the accused persons and their relatives armed with dao and iron rod etc., chased them out and therefore they had to run away crossing the river. On the basis of the aforesaid Ejahar a crime being Tezpur Police Station Case No. 100/99 was registered under Sections 448/376/34 IPC on 12.3.1999. The crime was investigated by the Investigat...
United India Insurance Co. Ltd. Vs. B.L. Rochhunga and anr.
Court: Guwahati
Decided on: Apr-29-2008
P.K. Musahary, J.1. This appeal is directed against the judgment and award dated 23.7.2004 passed by the Member, MACT, Aizawl in MAC Case No. 119/2002 awarding a sum of Rs. 11,38,409/- as compensation to the claimant with simple interest @ 9% p.a. from the date of filing the claim petition till realization from the opposite party No. 2, M/s. United India Insurance Co. Ltd. There was a further direction to deposit the said amount in cash or by way of account payee demand draft or cheque in favour of the claimant to the Member, MACT, Mizoram for disbursement to the claimant within one month from 23.7.2004 i.e. the date of award. The opposite party, Insurance Company was granted liberty to deduct any interim award, if already satisfied. Being dissatisfied with and aggrieved by the impugned judgment and award, the Insurance Company has preferred this appeal.2. The facts giving rise to the filing of the present appeal are that the claimant, B.L. Rochhunga, aged about 27 years, s/o Lalzova,...
Amrita Prava Hajong Vs. State of Meghalaya and anr.
Court: Guwahati
Decided on: Apr-29-2008
H.N. Sarma, J.1. Having refused to pay the family pension in terms of the impugned order dated 11.1.2007 passed by the Superintendent of Police, Ri-Bhoi District, Nongpoh to the petitioner, wife of late G. Ch. Hajong, since deceased, who was serving as UB SI in the Meghalaya Police Department, the petitioner has approached this Court.2. I have heard Ms. S. Bhattacharjee, learned Counsel for the petitioner and Mr. N.D. Chullai, learned Senior Government counsel appearing for the official respondents.3. The facts as projected in this writ petition are not disputed. The husband of the petitioner, late G Ch. Hajong was the member of the Meghalaya Police Service. He was working as Sub-Inspector of Police and was posted at Nongpoh in the year 2006. On 17.10.2006 the deceased was placed under suspension pending drawal of disciplinary proceeding. In course of time the Disciplinary Proceeding being No. 3/2006 was drawn up against the deceased. However, during the continuation of the proceedin...
Khroksila Nongkhlaw Rngi Umsning Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Apr-29-2008
Amitava Roy, J.1. The extra ordinary jurisdiction of this Court is sought to be invoked to annul the memorandum No. L.14/II(I)86/PT/73-A dated 19.10.2004 of the Additional Deputy Commissioner (Revenue), East Khasi Hill District, Shillong, rejecting the petitioners' claim for annual rent for the land involved pursuant to the judgment and order dated 28.7.1997 passed by a Full Bench of this Court in CR 1(SH)/1991.2. I have heard Mr. P.G. Baruah, Sr. Advocate assisted by Mr. B.M. Roy Dolbi, Advocate for the petitioner, Mr. A. Sarma, learned Advocate General, Meghalaya, assisted by Mr. R. Goswami, Government Advocate for the State respondents and Mr. N.C. Das, Sr. Advocate for the respondent No. 5, Syiem of Mylliem, Mawkhar, Shillong.3. The abbreviated pleaded facts projecting the rival stands need be set out at the threshold. The petitioner claiming herself to be a member of the Scheduled Tribe (Hills) and belonging to Nongkhlaw Rngi family of Late U. Beh Nongkhlaw and late Ka Tyngshain...
Ajahar Ali Vs. State of Assam
Court: Guwahati
Decided on: Apr-29-2008
P.K. Musahary, J.1. This appeal is directed against the judgment and order dated 10.3.2005 passed by the learned Additional Sessions Judge (Ad hoc) Barpeta in Sessions Case No. 50/2004 convicting the accused appellant under Sections 376/448 IPC and sentencing him R.I. for 5 (five) years and a fine of Rs. 1,000/-and in default R.I. for 3 (three) months under Section 376 IPC and R.I. for one month under Section 448 IPC.2. The prosecution case may be stated in brief thus--3. One Md. Anowar Hussain filed a complaint case on 20.3.2003 before the learned Chief Judicial Magistrate, Barpeta, alleging that on 16.3.2003 at about 9.00 a.m. accused Md. Ajahar AH @ Ashraf Ali trespassed into his house and committed rape on his wife Musstt. Abeda Khatun. Hearing her cries his sister Johela Khatun came and saw the incident and informed the same to the neighbours. By then, the accused fled the scene and took shelter in the house of one Akash Ali, a co-villager. The father of the accused assured to s...
Dhruba Nath and ors. Vs. State of Assam
Court: Guwahati
Decided on: Apr-29-2008
Aftab H. Saikia, J.1. Heard Mr. K. Agarwal who has been appointed as Amicus Curiae to defend the appellants as Mr. S.I. Rahman the engaged learned Counsel of the appellants is reported to have left the profession to join in the Assam Judicial Service and no counsel till date has been appointed by the appellants to defend their case. In appointing Mr. Agarwal as Amicus Curiae this Court has also kept in mind the long pendency of this criminal appeal which has been awaiting for final disposal since 2001.2. Also heard Mr. K.A. Mazumdar, learned P.P., representing the State of Assam.3. It is a shocking case of ghastly triple murder committed in a cruel and diabolic manner wherein the precious lives of three innocent young women have been taken away in the course of alleged commission of robbery by the appellants in the absence of male member, husband, father and master of the victim were one Mina Singh, aged about 38 years, who being the wife of the informant PW-3 Shri Jainath Singh, Miss...
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