Guwahati Court November 2015 Judgments
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Bijit Baruah and Another Vs. Indian Council of Child Welfare, New Delh ...
Court: Guwahati
Decided on: Nov-03-2015
Judgment and Order (Oral) 1. Heard Mr. G.P. Bhowmik, learned Senior Counsel for the appellant in both the appeals and Ms. M. Hazarika, learned Senior Counsel for the respondents in both the appeals. 2. RSA No.98/2008 is preferred against the judgment and decree dated 21.01.2008 passed by the learned Civil Judge, Dibrugarh, in Title Appeal No.14/2005 dismissing the appeal and upholding the judgment and decree dated 07.03.2005 passed by the learned Civil Judge (Jr. Divn.) No.1, Dibrugarh, in Title Suit No.9/2002, whereby the suit of the plaintiff was dismissed. 3. RSA No.99/2008 is preferred against the judgment and decree dated 21.01.2008 passed by the learned Civil Judge, Dibrugarh, in Title Appeal No.15/2005 dismissing the appeal and upholding the judgment and decree dated 07.03.2005 passed by the learned Civil Judge (Jr. Divn.) No.1, Dibrugarh, in Title Suit No.39/2001, whereby the suit of the plaintiff was dismissed. 4. Both the second appeals were admitted to be heard by separate o...
Bijit Baruah and Another Vs. Indian Council of Child Welfare, New Delh ...
Court: Guwahati
Decided on: Nov-03-2015
Judgment and Order (Oral) 1. Heard Mr. G.P. Bhowmik, learned Senior Counsel for the appellant in both the appeals and Ms. M. Hazarika, learned Senior Counsel for the respondents in both the appeals. 2. RSA No.98/2008 is preferred against the judgment and decree dated 21.01.2008 passed by the learned Civil Judge, Dibrugarh, in Title Appeal No.14/2005 dismissing the appeal and upholding the judgment and decree dated 07.03.2005 passed by the learned Civil Judge (Jr. Divn.) No.1, Dibrugarh, in Title Suit No.9/2002, whereby the suit of the plaintiff was dismissed. 3. RSA No.99/2008 is preferred against the judgment and decree dated 21.01.2008 passed by the learned Civil Judge, Dibrugarh, in Title Appeal No.15/2005 dismissing the appeal and upholding the judgment and decree dated 07.03.2005 passed by the learned Civil Judge (Jr. Divn.) No.1, Dibrugarh, in Title Suit No.39/2001, whereby the suit of the plaintiff was dismissed. 4. Both the second appeals were admitted to be heard by separate o...
Md. Asgar Ali and Others Vs. Md. Goumar Ali and Others
Court: Guwahati
Decided on: Nov-02-2015
Judgment and Order (Oral) 1. Heard Mr. N. Dhar, learned counsel for the appellants/defendants assisted by Mr. B. Hussain and Mr. A. Choudhury, learned counsel appearing for the respondents/plaintiffs. 2. This appeal is preferred against the judgment and decree dated 01.10.2003 passed by the learned Civil Judge (Sr. Divn.), Barpeta, in Title Appeal No.7/2000 allowing the appeal and setting aside the judgment and decree dated 21.02.2000 passed by the learned Civil Judge (Jr. Divn.), Barpeta, in Title Suit No.34/1990, whereby the suit of the plaintiffs was dismissed. 3. Initially, by a judgment and order dated 14.08.1992, suit of the plaintiffs was dismissed on the ground of pecuniary jurisdiction. However, in Title Appeal No.4/1993, by an order passed on 12.05.1994, the judgment of the learned Trial Court was set aside and the case was sent back for re-trial. Challenge made to the said order dated 18.05.1994 was negated by an order passed by this Court on 18.05.1994 in Civil Revision Pet...
Priya Nath Das Vs. The State of Assam
Court: Guwahati
Decided on: Nov-02-2015
Judgment and Order (Oral) B. K. Sharma, J. 1. This appeal is directed against the judgment dated 25/03/2011 of the learned Sessions Judge, Kamrup, Guwahati passed in Sessions Case No. 28(K)/2008 (State of Assam Vs. Priya Nath Das). By the said judgment, the accused appellant has been convicted under Section 302 IPC and has been sentenced to undergo R.I. for life with fine of Rs. 10,000/- and in default, R.I. for another one year. 2. The prosecution story in brief is that on 14/08/1998 with the Jalukbari Police Station by PW-2 to the effect that on the previous night at around 1-30 a.m., the accused hacked the deceased with a dao and bhojali (Scimitar) while she was sleeping inside the room. Injuries being inflicted, the deceased became unconscious and fell down. Immediately, she was rushed to hospital where she succumbed to her injuries. It was stated in the FIR by the informant that seeing the condition of the deceased, she was taken to hospital instead of going to Police Station for ...
M/s. Assam Roofing Limited, Guwahati Vs. Munchi Rai and Another
Court: Guwahati
Decided on: Nov-02-2015
Judgment and Order (Oral) 1. Heard Mr. S. N. Sarma, the learned senior counsel appearing for the petitioner/management. Also heard Mr. S. Das, the learned counsel appearing for the respondent No.1 (workman). 2. The workman was dismissed from service on 5.7.1999 (Annexure-7) in pursuant to the finding of the Inquiry Officer and since the conciliation attempt failed, the Government framed a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act ), on the following two points for adjudication by the Labour Court: i) Whether the management of M/s. Kamakhya Udyog (P) Ltd. is justified by dismissing Sri Munchi Rai from his service with effect from 5/7/99? ii) If not, then the said workmen is entitled for reinstatement with full back wages and other back benefit as per the rule or any other relief in lieu thereof? 3. The workman was engaged in the night shift duty in the factory of M/s. Kamakhya Udyog (P) Ltd. (now taken over by M/s. Assam...
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