Guwahati Court June 2009 Judgments

The Secretary to the Govt. of Tripura, Dept. of Food and Civil Supplie ...

Court: Guwahati

Reported in: 2009CriLJ4757

T.N.K. Singh, J.1. This appeal has been directed against the judgment and decree dated 3-10-2000 passed by the learned Additional District Judge, Belonia, South Tripura, in Money Suit No. 1 of 1999, partly decreeing the suit in favour of the plaintiff-respondent inasmuch as the plaintiff-respondent is entitled to get compensation of Rs. 2,90,000/- from the defendant-appellants and the defendant-appellants are jointly and severally liable to make payment of the same to the plaintiff-respondent within thirty days from the date of passing the judgment and decree i.e. 3-1-2000.2. Heard Mr. S. Deb, learned Senior Advocate, assisted by Mr. G. S. Bhattacharjee, learned Advocate appearing for the defendant appellants as well as Mr. K. N. Bhattacharjee, learned Senior Advocate, assisted by Mr. R. Debnath, learned Advocate for the plaintiff respondent.3. For deciding the present appeal, a short fact leading to the filing of RFA No. 11 of 2000 (Re. RFA No. 8 of 2008), is recapitulated below:The p...

Shree Ganesh Trading Company Represented by Its Proprietor Namely Sri ...

Court: Guwahati

H.N. Sarma, J.1. The legality, validity and justifiability of the decision of Hindustan Paper Corporation Limited, Unit- Nagaon Paper Mill to cancel the tender No. NPM/EMCC/FOR/08-09/01 dated 16/2/08 in respect of the job/work for unloading of bamboo/wagon from the wagon and shifting the same to the bamboo yardstick and thereby not opening the price bid offered by the petitioner, is the subject matter of scrutiny in this writ petition, as agitated by the writ petitioner.2. I have heard Mr. HK Mitra, learned Counsel for the petitioner and Mr. BK Chatterjee, learned Standing Counsel, Hindustan Paper Corporation Ltd. and Mr. R. Dubey, learned Counsel for Respondent No. 4.3. The facts necessary for the purpose of disposal of this writ petition may be summarized below: The respondent Corporation published a notice on 16/2/08 inviting sealed tender in two-bid tender system from reputed and experienced contractors for allotting the job of unloading of bamboo/wood from wagons and shifting of ...

New India Assurance Co. Ltd. Vs. Smt. Kajal Chakraborty and ors.

Court: Guwahati

Reported in: AIR2009Gau148

ORDERU.B. Saha, J.1. The instant Civil Revision Petition is filed by the petitioner, the New India Insurance Co. Ltd. through its Branch Manager, Agartala Branch under Article 227 of the Constitution for setting aside the order dated 30-1-2009 passed by the learned Member, Motor Accident' Claims Tribunal, West Tripura, Agartala, Court No. 1 (for short 'Claims Tribunal') in case No. ' Civil Misc. No. 73 of 2007 passed out of TS (MAC) No. 621 of 2002 whereby and where under the learned Member, Motor Accident Claims Tribunal restored the suit No. TS (MAC) 621 of 2002 after condoning the delay of 679 days, which was dismissed for default on 23-9-2005 preferred by the petitioners, respondents herein under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') claiming compensation due to the death of Swapan Chakraborry, husband of Smt. Kajal Chakraborty, claimant respondent No. 1 and the father of Sri Biswajit Chakraborty, claimant respondent No. 2, in a road traffic accident oc...

Pranab Dhar Vs. Rajesh Deb and anr.

Court: Guwahati

Reported in: AIR2009Gau121

ORDERU.B. Saha, J.1. The instant writ petition is filed under Article 227 of the Constitution of India, for quashing the order dated 8-10-2007 passed by the learned Member, Motor Accident Claims Tribunal, (for short 'Claims Tribunal'), Court No. 2, West Tripura, Agartala in Case No. Civil Misc. 269 of 2006 whereby and whereunder the Claims Tribunal disallowed the prayer of the petitioner herein for review of the judgment and award dated 22-11-2006 passed in T.S. (MAC) No. 277/04 on the ground that the amendment of the judgment is not authorised under law.2. Heard Mr. P. Chakraborty, learned Counsel for the petitioner and Mr. D.R. Chowdhury, learned Counsel for the respondent No. 1 as well as Mr. P. Gautam, learned Counsel for the respondent No. 2, Divisional Manager, Oriental Insurance Co. Ltd.3. In T. S. (MAC) No. 277 of 2004, the Claims Tribunal awarded compensation of Rs. 11,20,780/- in favour of the claimant-respondent No. 1 with interest @ 6% on and from the date of filing of the ...

Shree Ganesh Trading Company Represented by Its Proprietor Namely Sri ...

Court: Guwahati

H.N. Sarma, J.1. The legality, validity and justifiability of the decision of Hindustan Paper Corporation Limited, Unit- Nagaon Paper Mill to cancel the tender No. NPM/EMCC/FOR/08-09/01 dated 16/2/08 in respect of the job/work for unloading of bamboo/wagon from the wagon and shifting the same to the bamboo yardstick and thereby not opening the price bid offered by the petitioner, is the subject matter of scrutiny in this writ petition, as agitated by the writ petitioner.2. I have heard Mr. HK Mitra, learned Counsel for the petitioner and Mr. BK Chatterjee, learned Standing Counsel, Hindustan Paper Corporation Ltd. and Mr. R. Dubey, learned Counsel for Respondent No. 4.3. The facts necessary for the purpose of disposal of this writ petition may be summarized below: The respondent Corporation published a notice on 16/2/08 inviting sealed tender in two-bid tender system from reputed and experienced contractors for allotting the job of unloading of bamboo/wood from wagons and shifting of b...

The Laskar Bhalukmari Samabai Samiti Limited, Represented by Its Chair ...

Court: Guwahati

Hrishikesh Roy, J.1. Heard Mr. B C Das, learned senior counsel appearing for the petitioner. Also heard Mr. R K Bora, learned Govt. Advocate who appears for the respondent Nos. 1 to 5. Mr. S S Dey, learned Counsel appears for the respondent No. 6. 2. This petition has been filed by the Laskar Bhalukmari Samabai Samiti Ltd. (hereinafter referred to as 'the Society') represented by its Chairman to challenge the order dated 6.8.2008 (Annexure 5) of the Registrar of Co- operative Societies (hereinafter referred to as 'the ROC') whereby the resolution passed by the Managing Committee of the Society on 16.6.2008 purporting to remove the respondent No. 6 from the position of Secretary, has been disapproved and set aside. The impugned order has been passed by the ROC by noting the findings of the enquiry report dated 4.7.2008 and also on the ground that, the action of the Society was not in conformity with the provisions of the Assam Co-operative Act and the Rules and also the bye laws of the...

Lalpekkima Vs. State of Mizoram and anr.

Court: Guwahati

Reported in: 2009CriLJ3279

ORDERH. Baruah, J.1. Heard Mr. P.C. Prusty, learned Counsel for the revision petitioner as well as Mrs. Dinari T. Azyu, learned APP for the State respondent No. 1.2. Since the Criminal Trial No. 351/2009 has arisen on the lodgement of the First Information Report by the respondent No. 2 herein and since the Investigating Agency lodged the charge-sheet against the revision petitioner, the Court considers that respondent No. 2 is not a necessary party to this revision petition while the State was taking care of the matters involved in the First Information Report so lodged by the respondent No. 2. As agreed upon by the learned Counsel of either party, this Court proposes to dispose of this criminal revision at the motion stage.3. The first information report having been lodged with Bawngkawn Police Station by one Smt. Malsawmtluangi, Bawngkawn Police Station Case No. 76/2009 was registered under Sections 448/354/427, IPC. In the first information report, it was alleged that on 22-2-2009 ...

Union of India (Uoi) Vs. B.B. Enterprises

Court: Guwahati

Reported in: AIR2009Gau156

B.P. Katakey, J.1. These appeals under Section 23 of the Railways Claims Tribunal Act, 1987 (in short, 1987 Act) are against the orders passed by the Railway Claims Tribunal, Guwahati Bench (in short, RCT) in various Original Applications filed by the respondents claiming compensation for short de livery or non-delivery of the consignment booked through the railways. Since all the appeals pose common questions of law, they are taken up together for hearing and disposal.2. The respondents, alleging short delivery or non delivery of the goods carried by the railways issued notice under Section 106 of the Railways Act, 1989 (in short, 1989 Act) claiming different amounts and on receipt there of the railway administration issued cheques for certain amounts claiming to be the full and final settlement of the claims of the respondents with the condition that if the respondents are not satisfied with the amounts given by the said cheques, the same should immediately be returned to it and if t...