Guwahati Court February 2014 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Petitioner Vs. Respondent
Court: Guwahati
Decided on: Feb-11-2014
A.M. Sapre, CJ. By filing this writ petitioner, under Article 227 of the Constitution of India, the applicant of O.A.No 16 of 2012 seeks to challenge, the order dated 11.6.2013 passed by the Armed Forces Tribunal, Guwahati (for short called The Tribunal) in the aforementioned O.A. By impugned order, the Tribunal dismissed the O.A. filed by the writ petitioner and in consequence confirmed the order dt 23.3.2012 passed by the Government of India under Section 161 (1) of the Air Force Act (for short called The Act), which had arisen out of an order dated 12.01.2012 passed by competent authority (Air-Officer commanding in Chief Eastern Air Command , Indian Air Force on the pre-confirmation petition filed by the petitioner under Section 161(1) of the Act . By these proceedings referred above, the three authorities named above upheld in principal the punishment imposed on the petitioner sentencing him to undergo detention for a period of 3 months, (reduced by the Tribunal from 3 months to on...
Karuna Roy Assam Vs. The State of Assam
Court: Guwahati
Decided on: Feb-11-2014
(CAV), J. 1. Legality and validity of a conviction of the present petitioner, namely, Sri Karuna Roy, under Section 454 IPC by the learned Chief Judicial Magistrate, Bongaigaon, in G.R. Case No. 67(3) of 1995 and sentencing him to suffer simple imprisonment for 1 year with a fine of Rs. 500/- in default to suffer further simple imprisonment for 2 (two) months which was upheld by the learned Trial Court in Criminal Appeal No. 05 (1) of 2002 vide judgment and order dated 29.09.2003 of the Court of learned Adhoc Additional Sessions Judge, Bongaigaon, has been called in question in this Criminal Revision Petition. The aforesaid G.R. case was initiated on the basis of a charge-sheet submitted by Bongaigaon Police Station in G.R. Case No. 197 of 1994 under Section 454 / 427 IPC against the present petitioner. FIR was lodged by one Uddab Chandra Kalita before the Officer-in-Charge of Bongaigaon Police Station on 10.12.1994 stating that he has a house at Dolaigaon, let out to a tenant which wa...
Md. Sahidur Rahman, Dibrugarh (Assam) Vs. The State of Assam, Represen ...
Court: Guwahati
Decided on: Feb-11-2014
(Oral).1. Heard Mr. B Chakraborty, learned counsel appearing for the petitioner. The respondent No.1 is represented by Mr. U Rajbongshi, the standing counsel for the Transport Department. Ms. B Bhuyan, the standing counsel, IWT appears for the respondent Nos.2 and 3.2. The petitioner was the lessee of the Dibru-Kachari-Oriumghat Ferry Service from 14.12.2011 to 31.3.2012 and he also operated the ferry on temporary basis after expiry of his lease period from 1.4.2012 to 4.9.2012.The settlement was granted on 8.12.2011 (Annexure-1) by the Government in pursuant to a regular process under Rule 19(b) of the Control and Management of Ferry Rules, 1968 (hereinafter referred to as the Ferry Rules). The temporary settlement was granted at the old rate on periodic extension at 15 days interval by the Executive Engineer, IWT. For operating the ferry service, the petitioner utilised two vessels namely, S.B. Numali and S.B. Lakhimi No.2 and 4 operating staff for each boat was to be engaged for run...
Ramsingh Hasan Rajbhor and Others Vs. Kalyan Kar Purkayastha and Other ...
Court: Guwahati
Decided on: Feb-11-2014
(Oral). 1. Heard Mr. M.H. Rajbarbhuiyan, learned counsel for the appellants as well as Mr. P.K. Deka, learned counsel for the respondents. 2. The present second appeal has been preferred by the defendants challenging concurrent findings of the learned courts below that the appellants failed to prove tenancy under the plaintiffs. 3. As many as 9 plaintiffs instituted Title Suit No. 26 of 2002 in the Court of learned Civil Judge, Hailakandi, praying for a decree for declaration of right, title and interest of the plaintiffs and recovery of Khas possession by evicting the defendants. Initially, the suit was filed praying for declaration of right, title and interest and confirmation of possession over the suit land. However, during pendency of the trial the plaint was amended incorporating a statement that the plaintiffs were dispossessed during the pendency of the suit and consequently, the suit for confirmation of possession was converted into a one for recovery of possession. The plaint...
Sailada Das, Guwahati Vs. Nihar Ranjan Das and Others
Court: Guwahati
Decided on: Feb-11-2014
(Oral), J. 1. Two appeals under MAC Appeal No. 162/2003 and 163/2003 have come-up for hearing as analogous items in view of the fact that both the appeals have arisen from the same accident. By judgment and order dated 04.07.2003 passed in the MAC Case No. 374/1999 and MAC Case No. 375/1999 the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati awarded amount of Rs. 4,40,000/- to each of the two claimants as compensation amount. The case involved in these two appeals may be briefly stated thus: 3 2. On 04.02.1999 a cultural troupe known as Bhaiya Mama Group held a cultural show of 770th anniversary of Chowlung Shukafa held at Charidew and there from while returning by Tata Sumo vehicle bearing Registration No. DL-C-6-6853 it met with an accident at Bhergaon under Khetri P.S. as the said vehicle was hit by Omni Bus bearing Registration No. AS-01-D-6566, coming from the opposite direction. In the accident five artists including driver died on the spot. The sons of the claim...
Md. Luthfur Rehman Barbhuiya, Assam Vs. The Kachari Maszid, Represente ...
Court: Guwahati
Decided on: Feb-07-2014
(Oral). 1. This Second Appeal has been preferred by the plaintiff, namely, Md. Luthfur Rehman Barbhuiya, against judgment and decree dated 14.05.2002 passed by the learned District Judge, Hailakandi in Title Appeal No. 8 of 2000 affirming the judgment and decree dated 30.06.2000 passed by the learend Civil Judge (Senior Division), Hailakandi in Title Suit No. 25 of 1989, whereby his suit was dismissed. The plaintiff filed the suit praying for declaration that he is a non-evictable tenant under Cachari Masjid and also for injunction restraining the defendants and their agents from interfering with his peaceful possession. It is the case of the plaintiff that the suit land described in schedule to the plaint originally belonged to one Gulai Mia Laskar who donated the land to one Gulam Raja Choudhury by a registered gift deed dated 23.03.1907 who constructed the present Masjid on the land and thereafter, created one Wakf Estate by his land measuring 39 Bigha 12 Katta 9 Chattaks of land on...
Siba @ Subha Buragohain, Dhemaji Vs. Mukhya Buragohain, Dhemaji
Court: Guwahati
Decided on: Feb-07-2014
(Oral). 1. Heard Mr. P.K. Kalita, learned counsel for the appellant. None appears for the respondent although the names of learned counsel have been mentioned in the Cause list. 2. By filing this appeal under Section 96 of the Code of Civil Procedure,petitioner has challenged the decree dated 11.06.2004 passed by the learned District Judge, Dhemaji in Money Suit No. 2/2004. 3. The aforesaid suit was initiated on presentation of a plaint on 01.09.2003 by one Mukhya Buragohain pleading that the defendant is one of his nephews who is an Assistant Teacher by occupation. According to the plaintiff, defendant took a loan of Rs. 1,40,000/- from the plaintiff for repairing of his vehicle and executed a deed on 27.09.2001 with promise to repay the same in 47 instalments of Rs. 3,000/- each. The said document was annexed as Annexure-1 of the plaint. On the same date, defendant also executed another deed authorising the plaintiff to receive the monthly instalments of Rs. 3,000/- from his monthly ...
Tolaram Bafna Artificial Limb and Caliper Centre and Others Vs. The St ...
Court: Guwahati
Decided on: Feb-07-2014
(CAV), J. 1. The challenge in the writ petition is the Annexure-XIII Request for Proposal (RFP) dated 03/02/2012 followed by the Memorandum of Understanding dated 11/06/2012 entered into between the Government of Assam in the Health and Family Welfare Department headed by the Mission Director, National Rural Health Mission (hereinafter referred to as NRHM), Assam and the respondent No.4 Narayan Hrudayalaya, a private limited Company, as according to the petitioners such a course of action adopted by the respondents is contrary to the earlier promise made out to them in respect of running of the particular hospital, namely, Tolaram Subhkaran Bafna District Hospital. SEQUENCE OF EVENTS: 2. The petitioners numbering 3 are charitable trust registered under the Societies Registration Act, 1860 and are represented by their Chairman and Managing Trustee. They have filed the writ petition challenging the action of the Government of Assam in the Health Department in entering into a Memorandum o...
Siba @ Subha Buragohain, Dhemaji Vs. Mukhya Buragohain, Dhemaji
Court: Guwahati
Decided on: Feb-07-2014
(Oral). 1. Heard Mr. P.K. Kalita, learned counsel for the appellant. None appears for the respondent although the names of learned counsel have been mentioned in the Cause list. 2. By filing this appeal under Section 96 of the Code of Civil Procedure,petitioner has challenged the decree dated 11.06.2004 passed by the learned District Judge, Dhemaji in Money Suit No. 2/2004. 3. The aforesaid suit was initiated on presentation of a plaint on 01.09.2003 by one Mukhya Buragohain pleading that the defendant is one of his nephews who is an Assistant Teacher by occupation. According to the plaintiff, defendant took a loan of Rs. 1,40,000/- from the plaintiff for repairing of his vehicle and executed a deed on 27.09.2001 with promise to repay the same in 47 instalments of Rs. 3,000/- each. The said document was annexed as Annexure-1 of the plaint. On the same date, defendant also executed another deed authorising the plaintiff to receive the monthly instalments of Rs. 3,000/- from his monthly ...
Mrs. Hussena Hazarika and Others Vs. Musstt. Mozida Khatun and Another
Court: Guwahati
Decided on: Feb-06-2014
(Oral). 1. This is a second appeal filed by the contesting defendants against the concurrent findings of the learned two courts below. 2. Three plaintiffs instituted T.S.No.106/94 in the Court of the learned Munsiff No.1, Nagaon against the present appellant as defendant No.1 and two others co-sharers as proforma defendant Nos. 1 and 2, thereby praying for declaration of right, title and interest over the schedule A to the plaint and for passing a decree for confirming their possession over the said land along with a decree for permanent and temporary injunction restraining the defendant No.1 from interfering with the possession of the plaintiffs. 3. It is the case of the plaintiffs that a total of 4 Kathas 1 Lecha of land covered by P.P.No.209 and Dag No.260 of Puranigudam Kissamat, Shalsali Mauza in Nagaon Town was originally owned by one Mustafizur Rahman, who died in the year 1960 leaving behind his 2 sons and 3 daughters. Out of them, 2 daughters and 1 son are the present plaintif...
- ‹ Prev
- 1
- 2
- 3
- 5
- Next ›
- Last »