Guwahati Court January 2015 Judgments
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Assam State Electricity Board, Represented by its Chairman and Others ...
Court: Guwahati
Decided on: Jan-31-2015
1. This Second Appeal is directed against the judgment and decree dated 26.03.2007 passed by the learned District Judge, Hailakandi in Money Appeal No.11/2006 whereby the amount of compensation of a sum of Rs.1,00,000/- (Rupees One Lac) initially awarded by the trial Court was enhanced to Rs.2,50,000/- (Rupees Two Lacs Fifty Thousand). 2. The Second Appeal was admitted by this Court to be heard on two substantial questions of law, which are quoted herein below :- 1. Whether in the absence of any statutory report of the accident by the Senior Electrical Inspector as required under Section 161 of the Electricity Act, 2003 the appellant can be made liable for payment of compensation for the death of the plaintiffs husband due to electrocution? 2. Whether the learned first appellate court is justified in taking the monthly income of the deceased at Rs.2000/- in the absence of any evidence in that regard and whether the notional income of Rs.15,000/- is to be taken in the absence of any evi...
Mrinmoyee Dutta Vs. The State of Assam, Through the Secretary to the G ...
Court: Guwahati
Decided on: Jan-30-2015
1. This Second Appeal has been preferred against the judgment and decree dated 13.08.2003 passed by the learned Civil Judge (Senior Division) No.3, Kamrup at Guwahati in Title Appeal No.11/2002 affirming the judgment and decree dated 08.10.2001 passed by the learned Civil Judge (Junior Division) No.2, Kamrup at Guwahati in Title Suit No.82/1988. 2. The Second Appeal was admitted to be heard on the following substantial questions of law :- (1) Whether the jurisdiction of Civil Court is barred under Section 32 of the Assam Fixation of Ceiling on Land Holding Act, 1956? (2) Whether the suit is barred under Section 154(c) of the Assam Land and Revenue Regulations? (3) Whether the suit is barred by limitation? The appellant was given the liberty to urge any other substantial question of law that may emerge in the course of hearing. 3. The appellant as plaintiff had instituted Title Suit No.82 of 1988 in the Court of Civil Judge (Junior Division) No.2, Kamrup at Guwahati, (then Munsiff No.2)...
Dwaraka Prasad Agarwalla Vs. On the death of sole respondent Nil Kamal ...
Court: Guwahati
Decided on: Jan-20-2015
1. This Second Appeal has been preferred against the judgment dated 23.08.2001 and decree dated 31.08.2001 passed by the learned District Judge, Jorhat in Title Appeal No.2/2001 allowing the appeal by reversing the judgment dated 04.12.2000 and decree dated 21.12.2000 passed by the learned Civil Judge (Senior Division), Jorhat in Title Suit No.67/1987 decreeing the suit of the appellant/plaintiff. 2. The Second Appeal had been admitted to be heard on the following substantial question of law :- Whether non-furnishing of particulars of Schedule-B land makes the property unidentifiable when Schedule-B land is a part of Schedule-A land where full particulars are given as has been held by the learned court below? The appellant had been given the liberty to urge any other substantial question of law if so emerging in the course of hearing of the appeal. 3. The appellant/plaintiff had preferred the suit being Title Suit No.67/1987 in the Court of learned Civil Judge (Senior Division), Jorhat...
Debojit Choudhury Vs. The State of Assam
Court: Guwahati
Decided on: Jan-07-2015
Oral Judgment: 1. Heard Mr. M.R. Das, learned counsel for the accused/appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam. I have also perused the entire materials on record. 2. This appeal has been presented against the judgment of conviction dated 30.06.2005 passed by the learned Ad-Hoc Additional Sessions Judge, Bongaigaon in Sessions Case No.52(B)/04. By the said judgment, he has been convicted u/s 376 IPC and has been sentenced to undergo rigorous imprisonment for 07(seven) years with fine of Rs.2000/-(Rupees two thousand) and in default to undergo rigorous imprisonment for further periods of two months. 3. The father of the victim girl had lodged an FIR with the Bijni Police Station on 21.11.2002 alleging that his daughter was subjected to rape by the accused/appellant. In the FIR herage was stated to be 14 years. According to the FIR, the incident occurred in the toilet. With the lodging of the FIR, Bijni P.S Case No.171/02 was registered u/s 376 IPC. In due...
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