Guwahati Court July 2008 Judgments
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Chief Executive Officer, Cantonment Board Vs. Tenzing Gopu Lama and Et ...
Court: Guwahati
Decided on: Jul-23-2008
B.D. Agarwal, J.1. In all these three Revision Applications two common questions of law are involved. The questions are whether any order of dismissal of complaint under Section 256 of the Code of Criminal Procedure (briefly 'Cr.P.C.') is appealable and secondly, what other recourse of law are available to the complainant in such a situation.2. All the aforesaid three Revision Applications have been filed by the Complainant against the orders dated 14-1-08 passed by the learned Judicial Magistrate, Shillong in Complaint Case No. 644/645/649(S) of 2008, dismissing the complaints and acquitting the accused persons for non-production of witnesses. Being aggrieved with the orders passed in the aforesaid Complaint Cases, the Complainant i.e. Cantonment Board has filed these Revision Applications, seeking restoration of the complaint cases. Since the impugned orders are identical in nature and common questions of law are involved the revision applications filed under Article 227 of the Cons...
United India Insurance Co. Ltd. Vs. Lalnunenga and anr.
Court: Guwahati
Decided on: Jul-23-2008
H. Baruah, J.1. This appeal is preferred against the judgment and award dated 28.1.2008 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl, Mizoram in MACT Case No, 92/2006 by which an award amounting to Rs. 3,66,500/- was awarded with 9% interest from the date of filing of the petition till realization. The award is recoverable from the opposite party namely, the United India Insurance Co. Ltd., the appellant herein2. Feeling aggrieved, this present appeal has been filed by the United India Insurance Co. Ltd., seeking to set aside of the same in view of the facts situation and grounds contended.3. We have heard Mr. M.M. Ali, learned Counsel for the appellant as well as Mr. S.N. Meitei, learned Counsel for the respondent No. l. None appears on behalf of the respondent No. 2.4 The claimant-respondent No. 1 herein is the elder brother of Master Varlalthara since deceased who was a student aged about 15 (fifteen) years. Said Vanlalthara met with a vehicular accident on ...
Hispreacheringson Shylla Vs. Khasi Hills Autonomous District Council a ...
Court: Guwahati
Decided on: Jul-22-2008
T. Vaiphei, J.1. The constitutional validity of the provisions of Khasi Hills Autonomous District Council (Prevention of Defection) Act, 2003 ('the Act' for short) and the rules made thereunder, namely, Khasi Hills Autonomous District Council (Prevention of Defection) Rules, 2005. ('the Rules') whereunder the writ petitioner has been disqualified as Member of the Khasi Hills Autonomous District Council ('the District Council' for short), is called into question in this writ petition.2. The material facts of the case are not in dispute. The petitioner was elected as Member of the District Council form No. 13, Laitkroh District Council Constituency in the election held in the year 2004 for a term of five years. After holding the office of the Executive Member, Law and Elaka Administration Department in the District Council for sometime, he was ultimately appointed as the Chief Executive Member till he was removed on 5.2.2008 by a No-Confidence Motion moved against him. After his removal...
Meghalaya State Electricity Board Vs. Mrs. Edentinora Mawthoh and ors.
Court: Guwahati
Decided on: Jul-22-2008
B.D. Agarwal, J.1. This appeal is directed against the Judgment and order dated 7-12-2007 passed by a learned single Judge of this Court in WP(C) No. 297/(SH) of 2003. By this impugned judgment, the learned single Judge has awarded compensation of Rs. 3,00,000/- (Rupees Three lacs) to the writ petitioner/respondent No. 1 on account of her son sustaining burn injuries due to electrocution. While awarding the compensation, the learned single Judge apportioned the compensation between the Department of Urban Affairs, State of Meghalaya and Meghalaya State Electricity Board at equal ratio. So far as the State Department is concerned, it has accepted the award and the judgment has not been assailed. However, the Electricity Board is aggrieved by the apportionment of the compensation. Hence, this appeal at the instance of the Meghalaya State Electricity Board (briefly 'MeSEB').2. We have heard Shri K.S. Kynjing, learned senior counsel for the appellant. The principal respondent No. 1/writ p...
Chakreswar Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-21-2008
Amitava Roy, J.1. The writ jurisdiction of this Court is sought to be invoked to interfere with the order dated 20.9.2007 passed by the Director of Secondary Education, Assam, installing the respondent No. 4 as the in-charge Principal of Sonaram Higher Secondary School, Guwahati (hereafter referred to as the School) in addition to her normal duties.2. I have heard Mr. N. Dutta, Sr. Advocate assisted by Mr. M. Bhagawati, Advocate for the petitioner, Mr. M.K. Mishra, learned Standing Counsel, Education Department for the official respondents and Mr. P.P. Baruah, learned Counsel for the respondent No. 4.3. The abbreviated version of the petitioner's pleaded case is that having been appointed as a teacher in the School, he joined on 1.8.1973. He is a Post Graduate in Arts and has also acquired the B. Ed. Degree. He is presently serving as a subject teacher in the School. In the year 2006 when the in-charge Principal thereof was placed under suspension, he was entrusted with the responsibi...
North Eastern Electric Power Corporation Ltd. Vs. Gammon India Ltd. an ...
Court: Guwahati
Decided on: Jul-21-2008
T. Vaiphei, J.1. This revision under Rule 36-A of the Rules for the Administration of Justice and Police in Khasi and Jaintia Hills, 1937 is directed against the judgment and order dated 21.7.2003 passed by the Ld. Additional District Judge, East Khasi Hills, Shillong in F.A.O. No. 4 (T) of 1999 confirming the judgment and decree dated 18.11.1999 passed by the Ld. Assistant to Deputy Commissioner, Shillong in (Arb) Misc. Case No. 128 (T) of 1990 making the Award dated 8.9.1991 of the Sole Arbitrator a rule of the court and awarding interest @ 18% per annum from the date of the decree till realization of the entire decretal amount, if the petitioner failed to pay the awarded amount within 60 days from the date of decree. The history of this case reminds me of the oft-quoted observations of the Apex Court in Guru Nanak Foundation v. Rattan Singh and Sons, : [1982]1SCR842 , which reads thus:Interminable, time-consuming, complex and expensive court procedures impelled jurists to search fo...
Z.R. Remtluanga Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jul-21-2008
H. Baruah, J.1. Heard Mr. S.N. Meitei, learned Counsel for the petitioner as well as Mrs. Helen Dawngliani, learned GA for the State respondents.2. The subject matter of challenge in this writ petition, is the order dated 30.10.2006 passed by the Deputy Commandant, 2nd IR Bn. Khawzawl, Mizoram Communicated vide letter No. 21R/R-60/2006/2517 dated 30.10.2006. By this impugned order, the writ petitioner, serving as Constable in the 2nd IR Bn. during the relevant point of time was removed from service on account of desertion.3. The petitioner was appointed as Constably on 14.11.2000 vide order dated 14.11.2000 bearing No. K/PHQ/M/7/PT/ 191 issued by the Assistant Inspector General of Police-I, Mizoram Aizawl and he was confirmed in the said post by Order No. 21R/R-43/2003/3065 dated 24.4.2003 with effect from 1.12.2002. While he was discharging his duty as Constable in the month of July 2006, he was suffering from pain and had undergone treatment. The pain aggravated despite taking medic...
Gulab Chandra Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jul-18-2008
P.K. Musahary, J.1. The indispensable brief facts are that the petitioner who has rendered more than 13 years of service for which he was awarded a meritorious certificate of gallantry act was accused of having abetted his fellow rifleman Safai Raj Kumar in smuggling 30 kgs of Ganja, while he was attached to the Transit Camp, Assam Rifles at Dimapur. Prior to framing of charge, a Staff Court of Inquiry was conducted on 2.4.99 against the petitioner with other accused person. The Inquiry Officer, in the rank of Major, found the petitioner innocent and no action was initiated against him. Thereafter, a second Staff Court of Inquiry was held and charge-sheet was framed against and communicated on 5.6.99 to the petitioner which reads as follows:In that he, at field, on 31st March 99, abetted Number 143715 Rifleman Safai Raj Kumar of the same Unit to carry 30 Kgs of Ganja in consequence of which abetment the said offence has committed.Thereafter, a Summary Court Martial proceeding (hereina...
Oriental Insurance Co. Ltd. Vs. DalIn Mawlieh and ors.
Court: Guwahati
Decided on: Jul-18-2008
T. Vaiphei, J.1. The sole question which calls for consideration in this appeal under Section 173, Motor Vehicles Act, 1988 ('the Act' for short) is whether the appellant-insurer is liable to pay the compensation awarded to the claimant when the insured vehicle was under requisition by the Deputy Commissioner (Election), Ri-Bhoi District, Nongpoh for election duty?2. The facts relevant for resolving the controversy maybe briefly stated. The respondent No. 2 is the registered owner of the Tourist Bus bearing registration No. ML-05/B-3704, which, along with its driver, was requisitioned by the respondent No. 5 for election duty on 22.9.1999. It appears that when the vehicle was driven by the respondent No. 3, who was the conductor of the bus and did not even possess a driving licence, it met with an accident on 22.9.1999 at about 9 P.M. at Nongpoh by hitting a pedestrian, namely, Willingstone Mawlieh (the deceased) which resulted in his death. The accident was reported to the Nongpoh Po...
P.S. Rockson Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jul-17-2008
Asok Potsangbam, J.1. Heard Mr. W. Risom, learned Counsel for the petitioner also heard Mr. N. Kotiswar, learned A.G assisted by Shri A. Jagjit, learned Addl. G.A.2. Facts of the case which are necessary for disposal of this case are stated as follows:3. The petitioner, a Police Constable, while working in the Reserve Line of District Police Headquarter, Ukhrul, was placed under suspension by an order dated 22.08.2002, in contemplation of a departmental enquiry relating to the loss of one 38 revolver TITAN Tiger B. No. 408664 from the Arms Kote of District Police Headquarter, Ukhrul. FIR No. 14 (8) 3/2002 Ukl. P.S. was also registered on 14.5.2000 by the O.C. Ukhrul P.S. in connection with the aforesaid loss of the revolver. Thereafter, pursuant to a departmental enquiry instituted under Rule 66 of the Assam Police Manual, Part-DI, vide Memorandum No. D-4/99-SP (Ukl)/4779, dated 25.9.2002, the following charges have been leveled against the petitioner:a) That, while working in the res...
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