Guwahati Court August 2008 Judgments
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Sonu Bala Deb Barma Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Aug-05-2008
B.K. Sharma, J.1. This writ appeal is directed against the judgment and order passed by the learned Single Judge on 2.7.1997 in the writ petition being Civil Rule No. 86/1990 reversing three concurrent findings arrived at by the prescribed authorities in respect of restoration of the land to the appellant, a Tribal lady (ST).2. The respondent No. 5 herein (since expired) and presently represented by his legal heirs, filed the aforesaid Civil Rule No. 86/1990 making a grievance against the three successive orders passed by the prescribed authorities restoring the land in question to the present appellant, who was the respondent No. 5 in the writ petition.3. According to the writ petitioner, he had purchased 2.80 acres of land from the husband of the appellant in the year 1966. However, nothing was indicated in the writ petition as to on which date such purchase was made. Further, such purchase was stated to be by way of an unregistered Deed of Sale. In the writ petition, it was the cas...
National Insurance Co. Ltd. and anr. Vs. Atarer Nachha and ors.
Court: Guwahati
Decided on: Aug-04-2008
B.D. Agarwal, J.1. In both the aforesaid appeals, I am called upon to answer as to whether in an award, passed under the provisions of Workmen's Compensation Act, 1923, an Insurance Company can also be held liable to pay interest on the principal amount of compensation?2. The appeals are arising out of judgment & award dated 31.07.2007 passed by the Commissioner under W.C. Act, West Tripura, Agartala in Title Suit No. 3 of 2005 and award dated 06.06.2007 passed in Title Suit No. 52 of 2005. The legal heirs of the deceased who were engaged by the owners of motor vehicles to drive their respective vehicles filed both the claim cases. After full length enquiry the Commissioner has awarded compensation of Rs. 4,33,060/- and Rs. 3,47,540/- adopting the formula prescribed under the W.C. Act. The undisputed facts are that the offending vehicles were duly insured with the Insurance Companies on the date of the accident. Besides this, there is also no dispute that the deceased were the employe...
T.M. Enterprise Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Aug-01-2008
H.N. Sarma, J.1. The State respondents having appointed respondent No. 4 as PDS whole sale Nominee-cum-Miller-cum-carriage contractor in respect of PDS wheat for Zone IV in East Siang District of the State of Arunachal Pradesh and thereby rejecting the offer of the petitioner vide order dated 7-3-2008, the appellant unsuccessfully challenged the said order in W. P. (C) No. 157 (AP)/08 which is the subject-matter of the present appeal.2. We have heard Mr. R. P. Sarma, learned Sr. counsel appearing for the appellant/writ petitioner, Mr. N. Dutta, learned Advocate General, Arunachal Pradesh, assisted by Mr. B. Banerjee, learned Govt. Counsel, Arunachal Pradesh and Mr. M. G. Singh, learned Counsel appearing for the private respondent.3. To put in short the relevant facts for the disposal of the appeal may be stated as follows:The State of Arunachal Pradesh issued a NIT on 7-12-2008 inviting application for appointment as PDS Wholesale Nominee-cum-Miller-cum-Carriage Contractor for PDS whe...
Union of India (Uoi) Vs. S.M. Construction Co.
Court: Guwahati
Decided on: Aug-01-2008
P.K. Musahary, J.1. Heard Mr. D. Choudhury, learned CGSC for the appellant and Mr. C.T. Jamir, learned Counsel for the respondent.2. Some dispute between the appellant Union of India and the respondent contractor M/s S.M. Construction Company, Guwahati, were referred to the sole arbitrator for adjudication. The final award was published on 10.12.97 awarding Rs. 2,93,260/- in favour of the appellant department and Rs. 9,18,990/- in favour of the respondent contractor. The appellant filed an application under Sections 30 and 33 of the Arbitration Act, 1940 on 13.02.98 for setting aside the award dated 10.12.97. The said application was rejected by the Addl. Deputy Commissioner (J), Kohima, vide Judgment and Order dated 14.8.2003 passed in Misc. Case No. 1 of 2000 arising out of Arbitration Case No. 1/1998 and 1999 and passed a decree for Rs. 2,93,260/- in favour of the appellant department and Rs. 9,18,990/- in favour of the respondent contractor and held that the parties are also entit...
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