Guwahati Court August 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.
Abhiram Pegu, Assam Vs. The State of Assam, Represented by the Commiss ...
Court: Guwahati
Decided on: Aug-05-2014
(Oral). 1. Heard Mr. R. Mazumdar, learned counsel for the petitioners and Mr. P.N. Goswami, learned Standing Counsel, Education Department. In terms of the earlier order passed, the DEEO, Dhemaji is personally present in the Court and she has also been heard. Her personal appearance is dispensed with. Both the writ petitions raising the same issue have been heard together and are being disposed of by this common judgment and order. 2. The two petitioners were appointed by two different orders both dated 08.06.1995 as Assistant Teachers in the school called Dhemaji Adarsha M.E School. For a ready reference, one of the appointment orders is reproduced below:- GOVT OF ASSAM OFFICE OF THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI :::::::::::::::: DISTRICT ORDER Subject to discharge without notice and assigning any reason thereof Sri/Smti Abhiram Pegu is hereby appointed temporarily to act as Asstc. Teacher/Hindi teacher at Dhemaji Adarsha M.E/MV School in the retired/expired/transferre...
M/s. Kalyanbhaii Mayabhai Financial Services Pvt. Ltd. Vs. Oil India L ...
Court: Guwahati
Decided on: Aug-04-2014
Heard Mr. U. Saikia, learned counsel for the petitioner and Mr. T. Sarkar, learned counsel for the respondents. This is a civil revision filed by the defendant under Article 227 of the Constitution of India read with Section 115 of the C.P. Code against the order dated 26.03.2013 passed by learned Civil Judge, Dibrugarh in Money Suit No.38 of 2007. By the impugned order, the learned Civil Judge rejected the application filed by the defendant under Order 7 Rule 10 of the C. P. Code in a suit filed by plaintiff (Respondent herein) on the ground that the objection raised by the defendant in relation to territorial jurisdiction of the Court in entertaining and trying the suit is a mixed question of law and fact and therefore it cannot be tried as preliminary issue by taking recourse to Order 14 Rule 2 of the C P Code. So the short question which arises for consideration in this revision is whether learned Civil Judge was justified in rejecting the application filed by the defendant under O...
M/s. Vijay Industries A Partnership Firm Represented by Partner Ajay B ...
Court: Guwahati
Decided on: Aug-04-2014
(CAV), J. 1. This appeal is directed against the order dated 23.01.2014, passed by the learned Addl. Sessions Judge, Dimapur, in Civil Suit No. 3/2013, whereby and where-under the learned court below returned the plaint to the plaintiff to file it in the court having jurisdiction over the matter. 2. Being aggrieved and dissatisfied with such order, the plaintiff ( the appellant in this appeal who would be referred to as plaintiff) has preferred this appeal citing several infirmities in the order, under challenge. 3. The facts necessary for disposal of the present proceeding, in brief , are that M/s Vijay Industries, a Partnership Firm, engaged in the business of manufacturing of all kinds of edible oil, oil cakes, Ghee, Milk products and allied goods (hereinafter referred to as the 'said goods') as well as in selling of said goods under the trademark " SCOOTER ". Such a firm filed Title Suit No. 03/2013 in the court of Addl. District Judge, alleging of infringement of trade-mark, infri...
National Insurance Co. Ltd Vs. Shyamal Kanati Das and Others
Court: Guwahati
Decided on: Aug-02-2014
Heard Mrs. S. Roy, learned counsel for the appellant. This is an appeal filed by the respondents - National Insurance Company (Insurer) of offending vehicle (non applicant) against the judgment/award dated 4.3.2014 passed in MAC Case No.978 of 2011 by the Member, Motor Accident Claims Tribunal, Cachar, Silchar. By the impugned award, the Motor Accident Claims Tribunal awarded a total sum of Rs.8,94,000/- to the claimant for the death of one Titu Das, who died in a vehicular accident. In this appeal, the Insurance Company is challenging only the quantum of compensation awarded by the Tribunal to claimant as, according to them, it is on a higher side and, hence, it should be reduced so as to make it a reasonable one. The deceased Titu Das met with a vehicular accident on 2.5.2011 and succumbed to his injuries. He was 32 years of age and was working as a Field Manager with a 1st Class Contractor. On his death, the claimant filed a claim petition under Section 166 of the Act out of which t...
Srimanta Jyoti Borah and Others Vs. The State of Assam and Others
Court: Guwahati
Decided on: Aug-02-2014
A.M. Sapre, CJ. Heard Mr. D. C. K. Hazarika, learned counsel for the applicants-review petitioners and Mr. D. Saikia, learned Additional Advocate General, Assam assisted by Mr. B. Gogoi, learned Standing Counsel, Health Department, appearing for the respondents. This is an application made by the applicants/ review petitioners for condonation of delay in filing the review petition u/s 5 of the Limitation Act. According to the applicants/review petitioners, the delay is of 584 days. We have gone through the cause stated in the application duly supported by an affidavit. In our opinion, it constitutes a bonafide and sufficient cause for the purpose of condoning the delay within the meaning of Section 5 of the Limitation Act. The condonation of delay advances cause of justice whereas converse defeats the cause of doing substantial justice. There is no deliberate delay on the part of the review petitioners in filing the review petition and, therefore, the delay in filing the review petitio...
M/s. Raj Coke Industries Vs. The Commissioner of Taxes and Others
Court: Guwahati
Decided on: Aug-02-2014
A.M. Sapre, CJ. Heard Dr. Ashok Saraf, learned Senior Counsel assisted by Mr. A. Goyal, learned counsel for the applicant-revision petitioner and Mr. R. Dubey, learned Standing Counsel, Taxes, appearing for the respondents. This is an application made by the applicant-revision petitioner for condonation of delay in filing the revision petition u/s 5 of the Limitation Act. According to the applicant-revision petitioner, the delay is of 111 days. We have gone through the cause stated in the application duly supported by an affidavit. In our opinion, it constitutes a bonafide and sufficient cause for the purpose of condoning the delay within the meaning of Section 5 of the Limitation Act. The condonation of delay advances cause of justice whereas converse defeats the cause of doing substantial justice. There is no deliberate delay on the part of the applicant-revision petitioner in filing the revision petition and, therefore, the delay in filing the revision petition deservers to be condo...
Union of India Vs. Kunjalata Sut
Court: Guwahati
Decided on: Aug-02-2014
Heard Ms. M Bhattacharjee, learned counsel for the applicants/appellants. This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 by Union of India ( non applicant of MAC Case No. 20/2010) against the award dated 31.8.2012 passed in the aforesaid MAC Case by the Member, MACT-cum-Addl. District Judge, FTC, Biswanath Chariali. Heard on MC No. 2104 of 2014. This is an application filed by the applicant/appellant (Union of India) under section 5 of the Limitation Act for condonation of delay in filing appeal. According to the appellants, the delay in filing appeal is of 251 days. In my opinion, the delay of 251 days is totally unexplained. It is indeed inordinate and thus cannot be condoned for want of any sufficient cause, which is required to be made out under Section 5 of the Limitation Act. Secondly, when the Act has given 90 days to file an appeal then there is absolutely no reason as to why the appellants waited for 251 days to file an appeal. Thirdly, the appellants a...
Gautam Roy Model High School and Others Vs. Nobab Mahmud Hussain and A ...
Court: Guwahati
Decided on: Aug-02-2014
Heard Mr AH Alamgir, learned counsel for the applicants and Mr A Deka, learned counsel for the respondents. This Misc. application is filed by the petitioners of Contempt Case (C) No. 97/2013 for recalling of the order dated 2.4.2014 by which the said contempt application was disposed of by passing following order: None appears for the petitioners. Heard Mr A Deka, learned counsel for the respondents. This contempt application arises out of the orders dated 14.6.2012 and 20.7.2012 passed by the learned Single Judge in WP(C) 5237/2011 and MC No. 1965/2012. Notice of this contempt application was issued to the respondent. The respondents are served and duly represented. Learned counsel for the respondent at the outset submitted that the order in question has since been complied with by the respondent and the same is clear from the letter dated 11.2.2013 sent by the respondent No.2 to the petitioners purporting to be in compliance to the orders out of which this contempt application arise...
Rohini Kumar Das Vs. The State of Assam and Others
Court: Guwahati
Decided on: Aug-01-2014
A.M. Sapre, CJ. 1. This writ petition is filed by the petitioner who is a practicing lawyer under Article 226/227 of the Constitution of India seeking to invoke extra ordinary jurisdiction of this court relating to what is known as Public Interest litigation (PIL ). In substance, the petitioners grievance in this writ petition is that there was one flying club known as The Assam Flying Club in Guwahati (respondent no. 4 herein) which used to provide flying facilities and impart training for becoming pilots, but for the reasons best known, since last few years, the club stopped its activities and wound up their activities for all practical purpose. The petitioner therefore filed this writ petition as PIL claiming following reliefs. (1) To direct respondent 1 and 2 to constitute a committee comprising of experts in related fields to examine all aspects of the viability of the Club including its financial viability and to formulate a revival scheme for the club as an existing organizatio...
- ‹ Prev
- 1
- Next ›