Guwahati Court June 2011 Judgments
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Deputy Divisional Manager, Shillong and Another Vs. Smt. Jharna Ghosh
Court: Guwahati
Decided on: Jun-29-2011
1. The petitioners have challenged the validity of judgment and award dated 29-12-2010, passed by the learned Permanent Lok Adalat, Tripura, Agartala, in connection with LA Case (PUS) No. 05 of 2010, wherein the petitioners were directed to pay the assured sum of Rs. 1,00,000/- (rupees one lakh) to the claimant-respondent within a period of one month together with interest thereon had also cost of Rs. 5,000/-. 2. I have heard Mr. A. Lodh, learned counsel for the writ petitioners, and Mr. T.D. Majumder, learned counsel appearing for the respondent. 3. The pleaded case of the petitioners is that the respondent as claimant lodged a complaint before the learned Permanent Lok Adalat, Tripura, Agartala, stating therein, that the opposite parties-petitioners, as insurer, had issued a Postal Life Insurance Policy bearing No. NE-27170-CS dated 12-4-2006, in the name of her husband Harilal Ghosh, for a sum of Rs. 1,00,000/- (rupees one lakh) the aforesaid sum was proposed to be matured on 20-3-2...
Deputy Divisional Manager, Shillong and Another Vs. Smt. Jharna Ghosh
Court: Guwahati
Decided on: Jun-29-2011
1. The petitioners have challenged the validity of judgment and award dated 29-12-2010, passed by the learned Permanent Lok Adalat, Tripura, Agartala, in connection with LA Case (PUS) No. 05 of 2010, wherein the petitioners were directed to pay the assured sum of Rs. 1,00,000/- (rupees one lakh) to the claimant-respondent within a period of one month together with interest thereon had also cost of Rs. 5,000/-. 2. I have heard Mr. A. Lodh, learned counsel for the writ petitioners, and Mr. T.D. Majumder, learned counsel appearing for the respondent. 3. The pleaded case of the petitioners is that the respondent as claimant lodged a complaint before the learned Permanent Lok Adalat, Tripura, Agartala, stating therein, that the opposite parties-petitioners, as insurer, had issued a Postal Life Insurance Policy bearing No. NE-27170-CS dated 12-4-2006, in the name of her husband Harilal Ghosh, for a sum of Rs. 1,00,000/- (rupees one lakh) the aforesaid sum was proposed to be matured on 20-3-2...
Krishna Kanta Paul Vs. Nanda Dulal Paul and Others
Court: Guwahati
Decided on: Jun-28-2011
1. The instant civil revision is filed by the petitioner under Art. 227 of the Constitution for setting aside the order, dated 8-4-2011, passed by the learned Civil Judge (Sr. Division), Court No. 1, West Tripura, Agartala in Title Suit No. 7 of 2008 a whereby and whereunder the learned Civil Judge directed the Advocate of the plaintiff petitioner to file examination in chief on affidavit supplying copy to other side so that they can be cross-examined by the defendants. 2. Heard Mr. D. Chakraborty, learned Counsel for the petitioner and Mr. A. Roy, learned Counsel appearing for the respondents. 3. The pleaded case of the plaintiff petitioner is that the petitioner instituted the Title Suit No. 7 of 2008 for declaration that his deceased wife Purnima Rani Paul was the Benamidar of the suit property described in the schedule of the plaint and thus the petitioner is the real owner of the suit property and he has right, title and interest over the said suit property. 4. The respondents fil...
Anom Apang Vs. Smt. Geeta Singh
Court: Guwahati
Decided on: Jun-23-2011
MADAN B. LOKUR, C.J. 1. The appellant is aggrieved by a judgment and decree dated 6-4-2006 passed by the learned District Judge, Dhemaji in T.S. (D) No.2 of 2005. 2. The appellant husband belongs to the Adi Tribe in Arunachal Pradesh while the respondent wife is a Hindu. They were married in 1991 in Pasighat (Arunachal Pradesh). The parties have three children born from the wedlock. 3. The respondent wife alleged that the appellant husband treated her with cruelty and therefore she filed a petition for a divorce under Section 12 read with 13(1)(ia) of the Hindu Marriage Act, 1955 (for short the Act). 4. The appellant husband contested the proceedings and stated that the parties were married according to the Adi customary law. It was also contended that the appellant husband belongs to a Scheduled Tribe and the provisions of the Act were not applicable to him. 5. On these broad pleadings, the learned District Judge framed the following issues:- “(1) Whether the suit is maintainabl...
Brajalal Deb and Others Vs. State of Tripura
Court: Guwahati
Decided on: Jun-17-2011
1. Heard Mr. M. Kar Bhowmik, learned Senior Counsel appearing for the accused appellants. The State is represented by Mr. R.C. Debnath, the learned Spl. Public Prosecutor. 2. This appeal is presented against the judgment dated 29-8-2003 in Sessions Trial No.47 (NT/K)/1998 rendered by the First Track Court (Addl. Sessions Judge), North Tripura, Kailashahar. By the impugned judgment, the appellants have been convicted under Section 304, Part II read with Section 34, IPC and sentenced to suffer R.I. for 4 years. They have also been convicted under Section 323 read with Section 34 of IPC and have been sentenced to suffer S.I. for 6 months. 3.1 According to the prosecution story, on 21-8-1996 at about 5 o’clock in the morning in the village West Kanchanbari, Brajalal Deb along with his younger brothers Bikash and Bimal and servant Brajendra Sabdakar, attacked Banka Behari Dey (hereinafter referred to as “the deceased”), his wife (P.W.5) and daughter (P.W.14) with various f...
M/S. Winmaxx Management Service Pvt. Ltd Vs. Uco Bank and Another
Court: Guwahati
Decided on: Jun-14-2011
1. The challenge in this writ petition is to the letter, dated 8th December, 2010, written by the Assistant General Manager, Asset Management Branch of UCO Bank, respondent No.1, whereby and whereunder, the respondents terminated the sale process with the petitioner and forfeited the sum of Rs. 10,00,000/- (Rupees ten lakh) only for part adjustment of the loss suffered by the bank respondent due to non fulfillment of the terms and conditions of sale by the petitioner and also called the petitioner to pay the two cheques amounting to Rs.11,03,000/- (Rupees eleven lakh three thousand) only which were dishonoured so that the bank respondent may recover the loss in full caused by the petitioner and also for a mandamus directing the bank respondent to execute all necessary deeds and documents in favour of the petitioner on receipt of the balance consideration of money amounting to Rs.2,10,30,000/- (Rupees two crores ten lakhs and thirty thousand) only. 2. Heard Mr. A.K. Bhowmik, learned sen...
M/S. Winmaxx Management Service Pvt. Ltd Vs. Uco Bank and Another
Court: Guwahati
Decided on: Jun-14-2011
1. The challenge in this writ petition is to the letter, dated 8th December, 2010, written by the Assistant General Manager, Asset Management Branch of UCO Bank, respondent No.1, whereby and whereunder, the respondents terminated the sale process with the petitioner and forfeited the sum of Rs. 10,00,000/- (Rupees ten lakh) only for part adjustment of the loss suffered by the bank respondent due to non fulfillment of the terms and conditions of sale by the petitioner and also called the petitioner to pay the two cheques amounting to Rs.11,03,000/- (Rupees eleven lakh three thousand) only which were dishonoured so that the bank respondent may recover the loss in full caused by the petitioner and also for a mandamus directing the bank respondent to execute all necessary deeds and documents in favour of the petitioner on receipt of the balance consideration of money amounting to Rs.2,10,30,000/- (Rupees two crores ten lakhs and thirty thousand) only. 2. Heard Mr. A.K. Bhowmik, learned sen...
Anil Tanti Vs. State of Tripura
Court: Guwahati
Decided on: Jun-10-2011
1. This appeal is directed against the judgment and order dated 7-8-2000, passed by the learned Assistant Sessions Judge, Court No. 2, West Tripura, Agartala, in case No. ST (WT/K) No. 108 of 1999, whereby the appellant was convicted under Section 366, IPC and sentenced to suffer R1 for 4 years and also to pay a fine of Rs. 5,000/- with default stipulation of six months imprisonment The appellant was also convicted under Section 376, IPC and sentenced to undergo RI for six years and to pay a fine of Rs. 5,000/- with default stipulation of six months imprisonment. 2. Briefly stated, the prosecution story is as follows:- One Ranjit Sukladas, brother of the victim, lodged a written complaint on 1-7-1997 at around 4.45 p.m. in the evening stating therein that on 30-6-1997 at about 2 p.m. when his younger sister i.e. the victim while returning home from school had reached at Garupura, she was kidnapped by one Anil Tanti (appellant), from the road near Garupari Senior Basic School. It was fu...
Anil Tanti Vs. State of Tripura
Court: Guwahati
Decided on: Jun-10-2011
1. This appeal is directed against the judgment and order dated 7-8-2000, passed by the learned Assistant Sessions Judge, Court No. 2, West Tripura, Agartala, in case No. ST (WT/K) No. 108 of 1999, whereby the appellant was convicted under Section 366, IPC and sentenced to suffer R1 for 4 years and also to pay a fine of Rs. 5,000/- with default stipulation of six months imprisonment The appellant was also convicted under Section 376, IPC and sentenced to undergo RI for six years and to pay a fine of Rs. 5,000/- with default stipulation of six months imprisonment. 2. Briefly stated, the prosecution story is as follows:- One Ranjit Sukladas, brother of the victim, lodged a written complaint on 1-7-1997 at around 4.45 p.m. in the evening stating therein that on 30-6-1997 at about 2 p.m. when his younger sister i.e. the victim while returning home from school had reached at Garupura, she was kidnapped by one Anil Tanti (appellant), from the road near Garupari Senior Basic School. It was fu...
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