Guwahati Court October 2015 Judgments
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Jitendra Lal Roy Vs. M/s. Derby Tea and Industries and Others
Court: Guwahati
Decided on: Oct-16-2015
Judgment and Order 1. Heard Mr. D. Mazumdar, learned Senior counsel, appearing for the appellant. Also heard Mr. S. Dutta, learned Senior counsel, appearing for the respondent No. 1. 2. This Second appeal is preferred by the defendant No. 1 against the judgment and decree dated 08.06.2006, passed by the learned District Judge, Cachar, Silchar, in Title Appeal No. 3/2002, affirming the judgment and decree dated 21.05.2002, passed by the learned Civil Judge, Senior Division No. 2, Cachar, Silchar, in Title Suit No. 15/1979, whereby the suit of the plaintiff was decreed. 3. The Second appeal was admitted by an order dated 10.01.2007 to be heard on the following substantial questions of law: 1. Whether the finding of the lower Appellate court that the defendants are not tenants as defined in Section 3(17) of the Assam Temporarily Settled Areas Tenancy Act 1971, is sustainable inasmuch as the said finding was arrived at on misconstruction of the said provision of law and without considerati...
Tapan Chakraborty and Another Vs. Biman Roy
Court: Guwahati
Decided on: Oct-14-2015
Judgment and Order (Oral) 1. Heard Mr. H. Das, learned counsel for the appellants/defendants. Also heard Mr. M. U. Mondal, learned counsel for the respondents/plaintiff. 2. This appeal is directed against the judgment and decree dated 23.12.2009 passed by the learned District Judge, Goalpara, in Title Appeal No. 3/2003 dismissing the appeal and upholding the judgment and decree dated 08.08.2003, passed by the learned Civil Judge (Senior Division), Goalpara, in Title Suit No. 5/2001. 3. The Second Appeal was admitted for hearing on 20.09.2010 on the following substantial question of law: Whether the suit of the plaintiff for declaration of right, title and interest by adverse possession over the Government land is maintainable in the absence of the State of Assam as a party defendant? 4. Subsequently, noticing that by a petition dated 29.07.2003 the plaintiff had prayed for deletion of the prayer made at paragraph (a) to the plaint pertaining to a declaration that the plaintiff had acq...
Pomi Sengupta Vs. Biswajit Sengupta and Another
Court: Guwahati
Decided on: Oct-13-2015
Judgment and Order(CAV) 1. The main point for determination in this case is whether High Court in exercise of power under Section 24 of the Code of Civil Procedure can transfer a proceeding pending in one State to another court in another State merely because both the courts are under territorial jurisdiction of the same High Court. Considering the gravity of the point for determination, this court requested Mr. B Banerjee, learned senior counsel who was present in the court to render required assistance as Amicus Curiae and the learned senior counsel readily agreed to the request. 2. I have heard Mr. B Banerjee, learned senior counsel, Amicus Curiae Mr. K Doji for the respondents and Mr. Mr. R Dev on behalf of the petitioner. 3. The facts involved in the present proceeding is that opposite party Biswajit Sengupta who is a permanent resident of Tinsukia at present residing at Tezu in the State of Arunachal Pradesh in course of his employment. He married the petitioner herein on 17.4.20...
Bhadreswar Bhuyan and Another Vs. Dulal Bhuyan and Others
Court: Guwahati
Decided on: Oct-12-2015
Judgment and Order (Oral) 1. Heard Mr. K. K. Mahanta, learned senior counsel appearing for the appellants/plaintiffs. None appears for the respondents despite service of notice. 2. This second appeal is directed against the judgment and decree dated 20.03.2007 passed by the learned Civil Judge, Sonitpur, Tezpur, in Title Appeal No. 6/2006, whereby the appeal preferred against the judgment and decree dated 24.04.2006, passed by the learned Civil Judge (Junior Division No. 1), Sadar Munsiff, Tezpur, in Title Suit No. 27/2001, was dismissed. 3. This appeal was admitted to be heard by an order passed on 01.08.2007 on the following substantial questions of law: 1. Whether the learned Court below was justified in dismissing the suit of the plaintiff in its entirety on the face of the finding on Issue No. 6 and the additional Issue No. 1 framed in the suit? 4. Issue No. 6 and Additional Issue No. 1 read as follows: 6. Whether Late Golap Bhuyan sold his share of land to the four sons of Late R...
Rumi Hazarika Vs. Anirban Hatikakoty
Court: Guwahati
Decided on: Oct-12-2015
1. This appeal, under Section 378(i) of the Cr.P.C., 1973 (for short, Cr.P.C.), is directed against the judgment and order, dated 07.01.2008, passed by the learned Judicial Magistrate 1st Class, Sivasagar, in CR Case No. 265/2006 under Section 138 of the Negotiable Instrument Act, 1881 (for short, NI Act), whereby the learned Magistrate, at the conclusion of the trial, acquitted the accused person and set him at liberty. 2. Aggrieved by the said judgment of acquittal, the complainant, as appellant, has come up with this appeal. 3. The complainant's case, may, in brief, be stated as follows: The accused person i.e. the respondent, on 01.07.2005, took an amount of Rs.5 (five) Lakh as loan from the complainant with assurance to repay the same with an interest of Rs.20,000/- and accordingly, he issued a post dated cheque, dated 15.09.2006, amounting to Rs.5,20,000/- only. In due course, due to failure on the part of the respondent to pay the said amount, the complainant, on 18.09.2006, pre...
Habibur Rahman and Another Vs. Kabal Lia Bibi, By LRs. and Others
Court: Guwahati
Decided on: Oct-09-2015
Judgment and Order (Oral) 1. Heard Mr. B.K. Purkayastha, learned counsel for the appellant in RSA No. 3/2007 and Mr. P.K. Kalita, learned counsel for the appellant in RSA No. 11/2007. Also heard Mr. S.P. Choudhury, learned counsel for the respondents. 2. RSA No. 3/2007 is preferred against the judgment and decree dated 17.3.2006 passed by the learned Civil Judge (Senior Division) No. 1, Cachar at Silchar in Title Appeal No. 17/2001 dismissing the appeal and affirming the judgment and decree dated 21.5.2001 passed by the learned Civil Judge (Junior Division), No. 1, Cachar at Silchar in Title Suit No. 88/1997. RSA No. 11/2007 is preferred against the judgment and decree dated 17.6.2006 passed by the learned Civil Judge (Senior Division), No. 1, Cachar at Silchar in Title Appeal No. 15/2001 dismissing the appeal and affirming the judgment and decree dated 21.5.2001 passed by the learned Civil Judge (Junior Division), No. 1, Cachar at Silchar in Title Suit No. 88/1997. 3. RSA No. 3/2007 i...
Bajaj Allianz General Insurance Company Ltd. Vs. Mridul Roy and Anothe ...
Court: Guwahati
Decided on: Oct-09-2015
Oral: Bajaj Allianz General Insurance Company Limited, as appellant, has preferred this appeal under Section 30 of the Workmen s Compensation Act, 1923 (now renamed as Employees Compensation Act, 1923 and hereinafter referred to as the Act ) challenging the award dated 29.10.2007 passed by the Commissioner, Workmen s Compensation at Kamrup in W.C. Case No. 79/2004 thereby directing the insurance company to make payment of Rs. 1,20,000/- to the claimant/ workman along with interest at the rate of 9% per annum w.e.f. the date of the accident till deposit. 2. The brief facts of this appeal is that one Mridul Roy claiming to be driver with respect to a Maruti Van bearing registration No. AS-01/R-6013 belonging to opposite party No. 1, Mrs. Putuli Roy, was driving the vehicle on 12.04.2004 from Dhumarkur towards Bhawanipur when it met with an accident at Kurobaha near Bhawanipur Police outpost. Barpeta P.S. Case No. 177/2004 under Section 279/338/427 of IPC was registered in respect to this...
Reba Kanta Boro Vs. Dalimi Das and Another
Court: Guwahati
Decided on: Oct-07-2015
Judgment and Order (Oral) 1. Heard Mr. J. Ahmed, learned counsel for the appellant. Also heard Mr. S. Sahu, learned counsel for the respondents. 2. This appeal is directed against the judgment and decree dated 27.1.2006 passed by the learned Civil Judge (Senior Division), Sonitpur, at Tezpur, in Title Appeal No. 9/2000 dismissing the appeal and affirming the judgment and decree dated 13.3.2000 passed by the learned Civil Judge (Junior Division) No. 2, Sonitpur, at Tezpur, in Title Suit No. 69/1981, whereby the suit of the plaintiffs was dismissed. 3. The second appeal was admitted to be heard by an order dated 17.7.2014 on the following substantial questions of law: 1.Whether the first appellate Court was justified in confirming the judgment and decree passed by the trial court which had dismissed plaintiff s suit for declaration of right, title and interest in the suit land? 2. In the absence of any discussion, finding and much less appreciation of evidence made by the first appellate...
Michiri Khatun @ Michiran Khatun @ Michiran Nessa Vs. The Union of Ind ...
Court: Guwahati
Decided on: Oct-06-2015
Judgment and Order (Oral) 1. In terms of the earlier orders passed, the Government of Assam in the Home and Political Department has filed an affidavit through its Joint Secretary, Political Department. 2. The petitioner was declared to be a foreigner way back in 1995 (20/02/1995) by the Foreigners Tribunal, Barpeta in FT Case No. 21/93(B) (State Vs. Michiran @ Michiran Nessa). She was declared to be a foreigner within the stream of 01-01-1966 to 25-03-1971 requiring her name to be registered with consequential deletion of her name from the voter list. 3. The writ petition was filed on 22/09/2014 after a delay of 19 (nineteen) years. Taking up the writ petition for consideration, the State respondents were directed to apprise the Court as to what action it had initiated pursuant to the impugned declaration made by the Foreigners Tribunal. It was noticed that in-spite of the said declaration, the name of the petitioner was incorporated in the voter list of 1997 violating the provisions ...
Khantu Ram Rabha and Others Vs. Dispur Barowary Puja Committee and Jyo ...
Court: Guwahati
Decided on: Oct-01-2015
Cav Judgment: 1. The instant Second Appeal has been filed by the appellants/defendants assailing the judgment and decree dated 07.03.2014 passed by the Civil Judge No. 3, Kamrup (M), Guwahati in Title Appeal No. 6/2012 reversing the judgment dated 20.12.2011 and decree dated 04.01.2012 passed by the Munsiff No. 3, Kamrup at Guwahati in Title Suit No. 278 of 2003. 2. The plaintiff is a society registered under the Societies Registration Act, 1860 and is governed by a set of bye laws framed under the law. The plaintiff has instituted the suit represented by its General Secretary Sri. Dharani Talukdar. The plaintiff's case, in brief, is that a general meeting of the plaintiff society was held on 06.07.1997 wherein altogether 19 members were elected in the Executive Committee including Sri. Bipul Deori as the President and Sri. Dharani Talukdar as the General Secretary for a three year term. The next general meeting of the plaintiff was held on 20.08.2000 wherein a resolution was adopted t...
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