Guwahati Court January 2014 Judgments
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Mahendra Narayan Nath Vs. Haren Boro and Others
Court: Guwahati
Decided on: Jan-10-2014
None appears Heard Mr. BR Dey, learned counsel appearing on behalf of the respondents. This is a revision petition filed under Section 115 of the Code of Civil Procedure against the judgment and decree dated 18.12.2006 passed by the Civil Judge (Junior Division) No.3, Kamrup in Civil Suit No.70 of 2004. By the impugned judgment, the learned Trial Judge dismissed the suit filed by the plaintiff under Section 6 of the Specific Relief Act (for short hereinafter called The Act). So the short question that arises for consideration in this revision is whether trial court was justified in dismissing the suit filed by the plaintiff under Section 6 of the Act. It appears that the plaintiff (Petitioner herein) filed a suit under Section 6 of the Act for recovery of possession and for permanent injunction against the defendants in respect of the land described in the schedule attached to the plaint. The defendants, on being noticed, filed written statement and denied the case of the plaintiff. Th...
Rajib Loson Sharmah Vesus The State Bank of India and Others
Court: Guwahati
Decided on: Jan-09-2014
A.M. Sapre, C.J. Mr. A.K. Purkayastha, learned counsel for the petitioner pleads no instructions and wants to withdraw from the case as he had got no instructions from his client. We record his statement. We have perused the records of the case with the assistance of Mr. Manoj Kr. Das, learned counsel appearing for the respondent Bank. On 20th August, 2013, this Court was pleased to pass the following order : Learned counsel for the petitioner states that without prejudice to the rights and contentions of the petitioner as to the quantum of liability, the petitioner will pay the entire amount claimed by the Bank as due, on or before 31.12.2013. In case the petitioner fails to make the said payment, the petition may be treated to be dismissed. List again on 09.01.2014, as prayed. Interim order to continue, subject to compliance of above undertaking. Leaned counsel appearing for the respondent Bank submits that the petitioner has not ensured compliance of the order dated 20th August, 201...
Tapan Dutta, Assam Vs. Muktar Ahmed and Others
Court: Guwahati
Decided on: Jan-09-2014
(CAV), J. 1. On 28.9.2001 when the claimant-appellant herein, driving his scooter was on his way from Makum to Tinsukia, the bus bearing registration No. AMB-3189 coming from same direction dashed the scooter from its behind. The claimant had undergone treatment at Assam Medical College at Dibrugarh where his lower limb of left leg was imputated and he continued his medical treatment. With such description of the accident and also the consequences ensuing therefrom, the claimant make an application under Section 166 of the Motor Vehicle Act, 1988 (in short the M.V. Act) seeking compensation of Rs. 5,80,284/-. This application gave rise to MAC No. 46/2002. Although, owner and driver of the bus filed their written statement, they did not contest the further proceeding. The Insurer Oriental Insurance Company Ltd., resisted the claim. 2. By award dated 13.9.2004, passed in MAC No. 46/2002, aforementioned, the learned Member, Motor Accident Claims Tribunal, Tinsukia has granted in al Rs. 1,...
M/s. New India Assurance Co. Ltd. Mumbai Vs. Jabeda Begum and Others
Court: Guwahati
Decided on: Jan-09-2014
1. These appeal has arisen out of award dated 1.10.2009, whereby three claim cases namely, MAC No. 1374/2006, 1375/2006 and 1376/2010 have been disposed of by the learned Member, Motor Accident Claims Tribunal Kamrup, Guwahati. 2. The Victims of three Motor Accident Claims Cases, aforementioned, were travelling in vehicle bearing No. AS 01/R-7351 (truck) as labourer which met an accident on 8.5.2006 as a result thereof victim Sahajuddin, Maha Ali and Sahjamal died. 3. On allegations made on that behalf that he said truck was being driven rashly and negligently by the driver, three claim petitions in terms of section 166 of the Motor Vehicle Acts were filed by the respondent Nos. 1 to 7. The said truck admittedly was insured with the appellant herein. The Insurer while contesting the claims alleged that the victims were gratuitous passengers and the driver of the vehicle was not holding effective and valid driving licence. 4. The learned tribunal did not go into the question whether the...
M/s. A.B.C. India Ltd. Guwahati, Assam Vs. Commandant, Rajasthan and O ...
Court: Guwahati
Decided on: Jan-09-2014
1. This appeal has arisen out of the common judgment dated 29.8.2002 whereby three claim cases, namely MAC Case No. 81/89, 79/89 and 80/89 have been disposed of by the learned Member, Motor Accident Claims Tribunal, Dhubri. 2. Heard Mr. B.N. Sarma, learned counsel for the appellant and Mr. S. Dutta and Mr. S. Chakraborty, learned counsel appearing on behalf of the respondent. 3. The appellant in MAC No. 81/89 filed application seeking compensation for damage of his vehicle AXA -9268 (trailor) and in MAC 80/89 and 79/89 claimed compensation on account of injuries sustained by the drivers of his vehicle. 4. The material facts in brief are that on 4.4.1989 Sri Sankar Roy driver of vehicle No. AXA- 9268 (trailor) was driving the vehicle. Another driver Mahendra Chandra Das was in the vehicle. The accident occurred when vehicle No. MLK -5683 belonging to commandant 103 B.S.F. driven by its driver rashly and negligently with tremendous speed hit the vehicle No. AXA 9268. In result heavy dama...
Mrs. Kamari Subba Vs. United Bank of India and Others
Court: Guwahati
Decided on: Jan-08-2014
A.M. Sapre, CJ. Heard Mr. S.P. Roy, learned counsel for the petitioner and Mr. A. Phukan, learned counsel for the respondents. By filing this writ petition under Article 226/227 of the Constitution of India, the petitioner (a borrower) seeks to challenge the final order passed by the Debts Recovery Tribunal (herein after for short called The Tribunal) dated 30.7.2013 in Application No. 26 of 2012 (Annexure -30) It is not in dispute that the impugned order was passed by the Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short hereinafter called The Act) whereby the application made by the petitioner against the respondent Bank before the Tribunal under Section 17(1) was dismissed. At the outset, therefore, the question, which arises for consideration in this writ petition is, whether we should entertain this writ petition in exercise of our extra ordinary constitutional powers conferred under A...
Omar Ali Vs. Abdul Ohab and Others
Court: Guwahati
Decided on: Jan-08-2014
A.M. Sapre, C.J. Heard Mr. I.H. Saikia, learned counsel and Mr. R. Dutta, learned counsel for the appellants and Mr. D. Saikia, learned Additional Advocate General, Assam. These are intra-court appeals filed by the petitioners No.2 and 4 of W.P.(C) No.6330 of 2011 in Serial No.206399 WA; Respondent No.4 of W.P.(C) No.5191 of 2011 in W.A. No.195/2013 and Respondent No.5 of W.P.(C) No.4020 of 2011 in W.A. No.361/2013, under Rule 2(3) of Chapter VA of the Gauhati High Court Rules. Learned counsels appearing for the applicants/ appellants are permitted to withdraw these appeals with a liberty to avail the benefit of the process initiated by the State by affording an opportunity of being heard to the affected teachers in terms of the directions given by the learned Single Judge in the impugned order. With the grant of this indulgence/liberty to the applicants/appellants, these appeals are dismissed as withdrawn as prayed by the learned counsel for the appellants. No cost....
Mrs. L. Niru Sarmah Vs. jatin Chandra Sarmah
Court: Guwahati
Decided on: Jan-07-2014
This is a first appeal filed by the wife/appellant under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 19.9.2009 passed by the Additional District Judge (FTC), Sivsagar, Assam in Title Suit No.(Matrimonial) 50/2006. By impugned judgment/order, the learned trial Judge decreed the petition filed by the husband under Section 13 of the Hindu Marriage Act (for short hereinafter called The Act) against the appellant (wife) and granted decree of divorce in his favour dissolving his marriage with the wife (appellant). The trial court while granting decree of divorce in favour of the husband (respondent herein) awarded a sum of Rs. 2 lakh by way of permanent alimony to the wife (appellant herein) payable by the respondent (husband) to her. So the question, which arises for consideration in this appeal is, whether any case on facts or/and in law is made out by the appellant (wife) for setting aside the impugned decree of divorce and secondly, whether any case i...
Jago Mohan basumatary and Another Vs. P.P. Verma (IAS) and Others
Court: Guwahati
Decided on: Jan-06-2014
AM. Sapre, CJ. This is an appeal filed by the applicant/petitioner under Section 19 (1) of the Contempt of Courts Act, 1971 (for short hereinafter called the Act) against the order dated 27.9.2013 passed by the Single Judge in Cont. Case(C) 355 of 2013. By the impugned order, the learned Single Judge dismissed the contempt application filed by the appellant. Facts of the case are these:- The appellant had filed one writ petition being WP(C) 2509/2013 claiming certain reliefs therein against the respondents. The said writ petition was disposed of by the writ court (Single Judge) by order dated 13.5.2013 by giving certain directions therein. The appellant then filed the contempt application out of which this appeal arises complaining therein that the directions/ writs issued by the writ court in its order dated 13.5.2013 are not complied with and, hence, the alleged contemnor against whom the contempt application was filed be punished suitably under the provisions of the Act read with Ar...
M/s. Assam Roofing Ltd. Vs. The Commissioner of Income Tax and Another
Court: Guwahati
Decided on: Jan-03-2014
A.M. Sapre, CJ. By filing this writ petition under Article 226/227 of the Constitution of India, the writ petitioner (an income tax assessee) seeks to challenge the order dated 20.2.2003 (Annexure VI) passed by the Commissioner of Income Tax, Guwahati - II under Section 264 of the Income Tax Act (for short hereinafter called the Act). Facts of the case are short. They, however, need mention in brief infra. The petitioner is a public limited company registered as such under the Companies Act. They are engaged in the business of manufacture and sale of asbestos cement sheets, galvanized iron sheets (plain and corrugated). The manufactured goods are sold by the petitioner all over the country. The petitioner filed their income tax return for the assessment year (2002-2003) on due date. The Assistant Commissioner of Income Tax Circle - 3, Guwahati, who was an Assessing Authority for the petitioner, accepted the return filed by the petitioner in toto and accordingly, issued an order/intim...
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