Guwahati Court February 2014 Judgments
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Surjomoni Singha Pangram Cachar (Assam) Vs. State of Assam
Court: Guwahati
Decided on: Feb-18-2014
Sreedhar Rao, J. 1. The material-facts of the prosecution case disclose that one Monithombi Singha is deceased. Whose son is PW-1 ~ Sarat Singha. Appellant/accused is related to deceased in a sense that his brother is 2 her son-in-law. Daughter of the deceased is married to the brother of the accused. There were matrimonial disputes between the two families. Daughter of the deceased had deserted her husband, and was living with the deceased. The accused, on 27.6.2000 at around 9:45 AM when the deceased was going to the nearby market area came and assaulted her with a machete. The deceased made oral dying declaration before PW-1 and PW-4 to PW-7 implicating the accused. PW-6 and PW-7, who were near the spot and have witnessed the incident. PW-5 and PW-6 are familiar to both the accused and the deceased. Son of the deceased who comes to know about the incident has lodged the FIR with the police on the same day at around 5:30 PM. Police conducted inquest and sent the dead body for post-mo...
M/s National Insurance Company Ltd Represented by its Regional Manager ...
Court: Guwahati
Decided on: Feb-18-2014
(Oral). 1. Heard Mr. B.K. Purakayastha, learned counsel for the petitioner and Mr. M. Choudhury, learned counsel representing the respondent No.1. None has appeared for the respondent No.2. 2. This writ petition is against the ex-parte judgment and award dated 31.07.2003, followed by the order dated 04.09.2003 declining to set aside the ex-parte award in WC Case No.30/2002. The orders have been passed by the Commissioner, Workmens Compensation, Zone-III, Tezpur. Coming to the facts of the case, the respondent No.1 preferred a claim petition before the Workmens Compensation Commissioner (in short Commissioner) on account of injuries sustained by him due to the accident while was engaged in vehicle No.AS 01/E-4858. He was the handiman of the vehicle (Super Bus). Entertaining the claim petition, notice was issued to the owner of the vehicle and so also to the Insurance Company i.e. the petitioner with whom the vehicle was insured. As recorded in the impugned judgment dated 31.07.2003, pas...
Mominur Islam Village, Dhubri Vs. The State of Assam Represented by th ...
Court: Guwahati
Decided on: Feb-17-2014
P.K. Saikia, J. 1. Heard Mr. Z. Hassan, learned counsel for the petitioner. Also Heard Mr. U.K. Nair, learned Standing counsel, Gauhati High Court and Ms. S. Sarma, learned counsel for the State respondents. 2. This proceeding has been initiated with the following prayer:-- In the premises aforesaid it is most respectfully prayed that Your Lordships would be pleased to admit this petition, call for the records, issue Rule, calling upon the Respondents to show cause as to why the impugned appointment /promotion letter vide No. DMJ .04/PT/2013/4648-56 dated 12.08.2013 (Annexure-10) of the Private Respondents No.5 shall not be set aside and quashed and may further direct the Respondents to appointment/promote the petitioner in the post of Lower division Assistant (LDA) and upon such cause or causes that may be shown hearing the parties, perusing the records further be pleased to make the Rule absolute and/or pass order(s) as your Lordships may deem fit and proper. 3. The facts which are n...
Chabi Bhoralee @ Chabbi Bhoralee Kamrup, Assam Vs. The State of Assam ...
Court: Guwahati
Decided on: Feb-14-2014
(CAV), J. This is an application under section 482 of the Code of Criminal Procedure, 1973, for short, the Code, praying for quashing of order dated 19.06.2009 passed by the learned Sub Divisional Judicial Magistrate No. 2 in C.R. Case No. 2158C/2009 so far as it relates to taking cognizance against the petitioner and issuing process under section 138 of the Negotiable Instruments Act, 1881, for short, the Act and the order dated 25.03.2011 and other subsequent orders where under bailable warrant of arrest was issued against the petitioner. 2. The case of the petitioner is that she is one of the Directors of M/s Upasana Builders Pvt. Ltd., hereinafter referred to as Company, which is a private limited company, registered under the Companies Act, 1956, along with her husband, who is the Managing Director of the Company, who manages the affairs of the Company. 3. The respondent No. 2 filed a complaint case before the learned Chief Judicial Magistrate, Kamrup under sections 138/141 of the...
Pran Jyoti Bhuyan, Resident of Devdaru Path, Assam Vs. The Sate of Ass ...
Court: Guwahati
Decided on: Feb-14-2014
(CAV), J. 1. This is an application under Section 482 of the Code of Criminal Procedure, 1973, (for short, the Code) and/or under Article 227 of the Constitution of India praying for quashing of the Complaint Case No. 268C/11 pending in the Court of Sub-Divisional Judicial Magistrate (S), Bongaigaon, for short, SDJM(S) and the order dated 29.2.2012 passed by learned SDJM(S), Bongaigaon, taking cognizance of the offence under Section 420 IPC and issuing summons to the petitioner for appearance. 2. Heard Mr. N. Dutta, learned senior counsel for the petitioner and Mr. S.K.Ghosh, learned counsel or the opposite party No.2/complainant. 3. Mr. N.Dutta, learned senior counsel for the petitioner submits that the complaint petition discloses that there is good and friendly relationship in between the complainant and the petitioner since a long time back and because of the same, when the petitioner approached the complainant in the first week of December, 2009 with a request to the complainant t...
Md. Iqubal Hussain and Others Vs. The State of Assam and Another
Court: Guwahati
Decided on: Feb-14-2014
(CAV), J. This is an application under Section 407 of Criminal Procedure Code, 1973, for short, the Code, for transfer of the Complaint Case from the Court of Chief Judicial Magistrate, Kamrup to the Court of Chief Judicial Magistrate, Nalbari. 2. The petitioner No. 1, petitioner No. 2 and petitioner No. 3 are the husband, mother-in-law and brother-in-law of the opposite party No. 2, respectively. 3. The case set out in the present petition is that the opposite party No. 2 filed a Complaint Case in the Court of Chief Judicial Magistrate, Kamrup, on 05.05.2012, against the petitioners as accused, praying for taking cognizance of offences under Sections 498-A/406/34 IPC and to issue search warrant for recovery of her stridhan and to hand over the same to her. 4. Heard Mr. S Sinha, learned counsel for the petitioners. Also heard Mr. FKR Ahmed, learned counsel appearing for opposite party No. 2. 5. There is no representation on behalf of the State of Assam which is arrayed as opposite part...
New India Assurance Co. Ltd Vs. Mrs. Rina Kumal and Another
Court: Guwahati
Decided on: Feb-14-2014
(Oral) J. 1. Heard Mr. S. Dutta, learned counsel, for the appellant, and Mr. P. Hazarika, learned counsel, for the respondent. 2. In the present case, husband of the claimantrespondent died in a motor vehicle accident. The Tribunal has found that the negligence of the driver of the offending vehicle and the coverage of insurance is proved and, thus, directed the compensation awarded payable by the insurer. The insurer, being aggrieved by the said award, has filed this appeal. 3. It is the contention that the vehicle is a commercial vehicle and was being plied without permit. Therefore, the insurer is not liable to pay compensation. 4. The counsel for the appellant relied upon the decision of the Supreme Court in National Insurance Co. Ltd Vs. Challa Bharathamma and others, reported in (2004) 8 SCC 517. In Challa Bharathamma (supra), in para 12 and 13, the following observations are made: 12. The High Court was of the view that since there was no permit, the question of violation of any...
United India Insurance Co. Ltd Vs. Mrs. Pratima Basak and Others
Court: Guwahati
Decided on: Feb-13-2014
(Oral). 1. Heard Mr. S. Dutta, learned counsel, for the appellant, and Mr. R.K. Agarwal, learned counsel, for the respondents. 2. The respondents have filed appeals seeking compensation for the death of the husband of the respondent in MAC Appeal No.63/2008 and in MAC Appeal 62/2008, claiming compensation for the injury sustained by her son. 3. The deceased, injured and three others were travelling in an ambassador car and on account of rash and negligent driving, the vehicle hit against a tree on the road side resulting in death of one person and injuries to others. 4. Before the Tribunal, five claim petitions were filed separately by the injured and the wife of the deceased. The Tribunal has allowed the claim petitions directing the insurer to pay compensation to the claimants. The insurer, aggrieved by the said order, has filed these appeals. 5. In MAC Appeal No.133/99 and 134/99, the injured was awarded Rs.9,000/- as compensation. In MAC Appeal 132/99, Rs.4,000/- was awarded to the...
M/s. R.D. Constructions Vs. State of Assam and Others
Court: Guwahati
Decided on: Feb-12-2014
This is an intra-court appeal filed by the writ petitioners of WP(C) 6145 of 2013 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 31.01.2014 passed by the learned Single Judge in abovementioned writ petition. By impugned order, the learned Single Judge dismissed the appellants writ petition and declined to grant any relief claimed in the wit petition So the short question, which arises for consideration in this appeal is whether learned Single judge was justified in dismissing the appellants writ petition? The appellant (writ petitioner) pursuant to one advertisement issued by the State for up-gradation of Raidang Kamar Gaon Road submitted their tender along with others. One of the eligibility conditions for submission of the tender was that every tenderer must file documents along with their tender to prove that they had done similar kind of work successfully in past. The appellant filed documents along with their tender to prove this fact. The s...
Mustt. Kulsum Begum @ Bibi, Morigaon (Assam) and Others Vs. The Union ...
Court: Guwahati
Decided on: Feb-12-2014
(Oral). 1. Heard Mr. B Banerjee, learned counsel appearing for the petitioners. The respondents are represented by Mr. M Bhagabati, learned Central Govt. counsel and Mr. J Handique, learned Govt. Advocate. 2. The petitioner No.1 is the wife of Late Jahed Ali and the other 3 petitioners are their minor children. They challenge the order dated 22.5.2013 (Annexure-1) in case No.F.T.(C) 86/2009, whereby the Foreigners Tribunal (2nd), Morigaon has declared that the petitioner No.1 has illegally entered into from Bangladesh after 25.3.1971 and therefore she and her children are foreigners under Section 2(a) of the Foreigners Act, 1946. The conclusion was reached on the ground that the petitioner failed to discharge their legal burden to prove that they are Indian citizens. 3. Mr. B Banerjee, learned counsel submits that the petitioner No.1 is the daughter of Habed Ali, who was an Indian citizen and therefore as a person born to an Indian citizen, the petitioner No.1 and consequently her chil...
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