Guwahati Court April 2008 Judgments

President, Shri Pachungnun Chonglian of Bungmual Churachandpur Town an ...

Court: Guwahati

U.B. Saha, J.1. Heard Mr. S. Risom, learned Counsel for the petitioners and Mr. N. Ibotombi, learned Counsel for the respondents/alleged contemners.2. The instant contempt petition is filed by the petitioners for initiating contempt proceedings against the respondents for their willful violation and deliberate disobedience of order of this Court dated 8-9-2000 passed in C.R. No. 202 of 1998, wherein this Court disposed the writ petition with the following directions:1) Let the members of the Organisation who have already put in service for 7 years and above as on 1st July, 2000 be regularized by absorbing them in various categories/ranks in the SSB Organisation, subject to eligibility and suitability of each person. While doing so, however, it shall be borne in mind that the initial recruitment of the members of the Organisation has been done carefully and strictly and in fact by going through rigorous procedures.2) Let regular scale of pay be made available to such regularized /absor...

Pachungnung and ors. Vs. Dhirendra Singh and ors.

Court: Guwahati

U.B. Saha, J.1. Heard Mr. S. Risom, learned Counsel for the petitioners and Mr. N. Ibotombi, learned Counsel for the respondents/alleged contemners. The instant contempt petition is filed by the petitioners for initiating contempt proceedings against the respondents for their wilful violation and deliberate disobedience of order of this Court dated 8.9.2000 passed in C.R. No. 202 of 1998, wherein this Court disposed the writ petition with the following directions:1) Let the members of the Organisation who have already put in service for 7 years and above as on 1st July, 2000 be regularized by absorbing them in various categories/ranks in the SSB Organisation, subject to eligibility and suitability of each person. While doing so, however, it shall be borne in mind that the initial recruitment of the members of the Organisation has been done carefully and strictly and in fact by going through rigorous procedures.2) Let regular scale of pay be made available to such regularized/absorbed ...

Sapan Kumar Das Vs. Union of India (Uoi) and ors.

Court: Guwahati

Hrishikesh Roy, J.1. Heard Mr. B. Chakraborty, learned Counsel appearing for the petitioner. Also heard Mr. J. Roy, learned standing counsel who appears for the respondent Hindustan Paper Corporation Limited (HPC Limited).2. The present petition has been filed making a grievance of denial of promotion to the petitioner to the post of Manager in the promotion exercise carried out in the year 2001. A further grievance of undeserved performance appraisal report as 'good' in stead of the expected 'very good' made for the year 1999-2000 in respect of the writ petitioner have also been made leading to denial of promotion to him.3. The respondent HPC Limited declared a Promotion Policy for officers who were stagnating for a long period in a single post whereby under Clause 14 of the Promotion Policy, the following policy decision was notified:14. Merit Increment and stagnationa) Based on merit position and recommendation of DPC if promotion of a Very Good performer, i.e. consistent performan...

Rambir Singh and ors. Vs. State of Tripura

Court: Guwahati

P.K. Musahary, J.1. The 4 (four) appellants, all CRPF personnel, were convicted under Section 302 read with Section 34, IPC and under Section 323 read with Section 34, IPC and were sentenced to undergo life imprisonment with fine of Rs. 5,000/- only to be paid by each of them and in default to undergo one year imprisonment for the offence of murder and also sentenced to suffer 6(six) months imprisonment for the offence of voluntarily causing hurt to the informant and also sentenced to suffer one year imprisonment for the offence of assault and for using criminal force upon the informant public servant while he was discharging official duties byjudgment and order dated 20.12.2000 passed by Additional Sessions Judge, North Tripura, Dharmanagar in Sessions Trial 10 (NT/K) of 1998. Being dissatisfied with and aggrieved by the aforesaid judgment and order dated 20.12.2000 passed by the learned Additional Sessions Judge, North Tripura, the appellants preferred an appeal before this Court wh...

Oriental Insurance Company Limited Vs. Zothanpari and anr.

Court: Guwahati

H. Baruah, J.1. M/s Oriental Insurance Co. Ltd. Aizawl, represented by its Branch Manager, feeling aggrieved with the judgment and award dated 09.04.07 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in Case No. 123/05 preferred this appeal under Section 173 of the M.V. Act, 1988. The learned Member, MACT vide judgment and award impugned, awarded a compensation to the claimant-respondent No. 1 herein at Rs. 2,41,410/- only with interest at the rate of 9% p.a. from the date of filing of the claim petition until realization of the entire amount.2. We have heard Mr. Ricky Gurung, learned Counsel for the appellant, and Mrs. Helen Dawngliani, learned Counsel for respondent No. 1.3. Respondent No. 1 herein as claimant filed a claim petition under Section 163-A of the M.V. Act, claiming compensation on the ground of injury sustained by her due to vehicular accident occurred on 31.03.01 at about 8:30 A.M. between Keitum and Tuichang, while she was traveling in a bus beari...

Oriental Insurance Company Limited Vs. Musstt. Hazira Bibi and ors.

Court: Guwahati

I.A. Ansari, J.1. This is an appeal preferred under Section 173 of the Motor Vehicles Act, 1988, (in short, 'the MV Act') against the award, dated 18.07.2003, passed in MAC Case No. 94/98, by the learned Member Motor Accident Claims Tribunal, Goalpara. By the award, impugned in this appeal, the learned Tribunal has granted to the claimants respondents a sum of Rs. 1,52,000/- as compensation with interest at the rate of 9% per annum with effect from the date of making of the claim application until payment thereof. By the impugned award, the learned Tribunal has further directed the present appellant to make payment of the said amount within two months from the date of making of the order treating the present appellant as the insurer of the offending vehicle. Aggrieved by the award, the insurer has preferred this appeal.2. I have heard Mr. S. Dutta, learned Counsel for the insurer appellant, and Mr. K. Basar, learned Counsel for the claimants respondents. None has appeared on behalf of...

S.B. Enterprise Vs. Hindustan Paper Corporation Ltd. and ors.

Court: Guwahati

B.K. Sharma, J.1. All the writ petitions by and between the same parties pertaining to the same matter impugning the action consequential to one another, have been heard together and are being disposed of by this common judgment and order.2. For convenience sake, the three writ petitions are described as first, second and third writ petition. The first writ petition was filed making a grievance against the cancellation of the tender process initiated for 'supply and application of paints' initiated by the respondent Corporation. In response to Annexure-I NIT dated 09.12.06, the petitioner offered its bid. Being technically fit, it was invited for price negotiation and even after two rounds of negotiations when the desired result was not obtained, the respondent corporation by its impugned Annexure- 3 letter dated 18.04.07 intimated the petitioner about the failure of the negotiation and as to how the rates offered by it were in the higher side. Upon such failure, the tender process wa...

United India Insurance Co. Ltd. Vs. Dipen Nath and anr.

Court: Guwahati

I.A. Ansari, J.1. Whether the, owner of a vehicle is entitled to claim compensation from its own insurer for the damage caused to his vehicle in an accident, arising out of use of the vehicle, in a public place? This is the moot question raised in this appeal.2. In order to appreciate the issue involved in the present appeal, which has been preferred under Section 173 of the Motor Vehicles Act, 1988, (in short, 'the MV Act'), the material facts leading to the award, impugned in the present appeal, heed to be taken into account.3. The facts leading to the present appeal may, in a nutshell, be described as follows:(i) The respondent No. 1 is the registered owner of the bus bearing registration No. AS-03-4800. The said bus was hired by a picnic party for taking the vehicle from Kaziranga to Moriani. When the bus reached a place called Rangamati, a truck, bearing registration No. ARC-367, dashed against the bus from behind. As a result of the said collision, the bus got damaged. The respo...

New India Assurance Co. Ltd. Vs. Md. Abdul Kalam

Court: Guwahati

Reported in: [2008(117)FLR1072]

T.N.K. Singh, J.1. Heard Mr. A. Ahmed, learned Counsel appearing for the appellant as well as Mr. M.H. Rajborbhuya, learned Counsel appearing for the respondent-claimant.2. This appeal against the judgment and award dated 25.6.2002 passed in W.C. Case No. 31 of 2000 of the Commissioner for Workmen's Compensation Zone-III, Tezpur under Section 30 of the Workmen's Compensation Act, 1923 was admitted for hearing on the following substantial questions of law--1. Whether the Commissioner, Workmen's Compensation, Tezpur had jurisdiction to entertain and adjudicate the matter when the place of accident as well as the permanent resident of the claimant is in the district of Nagaon?2. Whether the doctor who has assessed the physical disability of the claimant was capable of doing so while the claimant was treated at Nagaon Civil Hospital and whether such assessment was done in accordance with law?3. Whether the percentage of loss of earning capacity can be treated as a substitute for the percen...