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Guwahati Court July 2011 Judgments

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Jul 22 2011

Smt. Kalyani Borkotaky Vs. Kamakhya Borthakur and Another

Court: Guwahati

Decided on: Jul-22-2011

Reported in: 2012AIR(Gau)46

1. This application under Article 227 of the Constitution of India is directed against the order dated 10.6.2009 passed by the learned Munsiff No.1, Tinsukia in Misc.(J) Case No.56/09, arising out of the Title Suit No.30/06, whereby the petition under Section 151 CPC, filed by the petitioner-plaintiff, praying for allowing to adduce rebuttal evidence, after closing of the evidence of defendants’ witness, in the counterclaim, was rejected. 2. Heard Mr. S. Banik, learned counsel appearing for the petitioner-plaintiff (hereinafter ‘plaintiff’) and Mr. J. Roy, learned counsel appearing for the opposite parties-defendants(hereinafter ‘defendants’. 3. The plaintiff is the owner of registered Tata Indica DLS Vehicle bearing Registration No.AS-23C-0004. He purchased the vehicle from defendant No.2, who is the authorized dealer of Tata Motors. After the purchase, the vehicle met with an accident on 6.10.2005, in which the plaintiff and her daughter were seriously i...


Jul 22 2011

Smt. Kalyani Borkotaky Vs. Kamakhya Borthakur and Another

Court: Guwahati

Decided on: Jul-22-2011

1. This application under Article 227 of the Constitution of India is directed against the order dated 10.6.2009 passed by the learned Munsiff No.1, Tinsukia in Misc.(J) Case No.56/09, arising out of the Title Suit No.30/06, whereby the petition under Section 151 CPC, filed by the petitioner-plaintiff, praying for allowing to adduce rebuttal evidence, after closing of the evidence of defendants witness, in the counterclaim, was rejected. 2. Heard Mr. S. Banik, learned counsel appearing for the petitioner-plaintiff (hereinafter plaintiff) and Mr. J. Roy, learned counsel appearing for the opposite parties-defendants(hereinafter defendants. 3. The plaintiff is the owner of registered Tata Indica DLS Vehicle bearing Registration No.AS-23C-0004. He purchased the vehicle from defendant No.2, who is the authorized dealer of Tata Motors. After the purchase, the vehicle met with an accident on 6.10.2005, in which the plaintiff and her daughter were seriously injured. The vehicle in question was...


Jul 14 2011

Udaimanik Jamatia Vs. the State of Tripura

Court: Guwahati

Decided on: Jul-14-2011

U.B. Saha, J. 1. The present appellant, Udaimanik Jamatia was put on trial along with other three accused, namely Debashis Reang alias Debasingh Reang, Kishore Jamatia and Manichand Jamatia for committing offence under Section 364A ad Section 302 of the I.P.C. On completion of the trial, the learned Sessions Judge, South Tripura, Udaipur upon recording the evidence and hearing the learned counsel for the parties ultimately found the appellant guilty for committing offence under all the sections, as stated supra. For commission of offence under Section 364A, I.P.C. the appellant was sentenced to suffer R.I. for life and also to pay a fine of Rs.2,000/-, id to payment of fine, to suffer further SI for six months and for the offence committed under Section 302 of the I.P.C. the appellant was sentenced to suffer R.I. for life and also to pay fine of Rs.2,000/- id to payment of fine, to suffer further SI for six months and for the offence committed under Section 201. I.P.C. he was sentenced...


Jul 04 2011

Hindustan Paper Corporation Limited (a Company Incorporated Under the ...

Court: Guwahati

Decided on: Jul-04-2011

1. This instant writ petition is filed by Hindustan Paper Corporation Limited (hereinafter, referred to as ‘HPCL’, in short) a company incorporated under the Companies Act, of which, Nagaon Paper Mill is one of its units, under Article 226 of the Constitution of India, challenging the legality of the letter dated 22nd of June, 2006, whereby and whereunder the General Manager, HPCL, was directed to provide similar wages, hours of work, holidays leave and other benefits to the persons employed under contractual basis or directly, performing similar nature of works like that of the regular employees of the HPCL, Nagaon Paper Mill, in particular, the petitioner No. 2. 2. The aforesaid impugned letter, came to be issued on the basis of an enquiry report dated 11.4.2007, which is alleged to have been made without following the due procedure of enquiry and principles of natural justice. Challenge is also made to the impugned letter dated 22nd June, 2006, on the ground of return of...


Jul 04 2011

Hindustan Paper Corporation Limited (a Company Incorporated Under the ...

Court: Guwahati

Decided on: Jul-04-2011

1. This instant writ petition is filed by Hindustan Paper Corporation Limited (hereinafter, referred to as HPCL, in short) a company incorporated under the Companies Act, of which, Nagaon Paper Mill is one of its units, under Article 226 of the Constitution of India, challenging the legality of the letter dated 22nd of June, 2006, whereby and whereunder the General Manager, HPCL, was directed to provide similar wages, hours of work, holidays leave and other benefits to the persons employed under contractual basis or directly, performing similar nature of works like that of the regular employees of the HPCL, Nagaon Paper Mill, in particular, the petitioner No. 2. 2. The aforesaid impugned letter, came to be issued on the basis of an enquiry report dated 11.4.2007, which is alleged to have been made without following the due procedure of enquiry and principles of natural justice. Challenge is also made to the impugned letter dated 22nd June, 2006, on the ground of return of the report ba...


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