Guwahati Court September 2015 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.
No.143590M Rfn/GD Baharul Islam Ahmed Vs. The Union of India, Represen ...
Court: Guwahati
Decided on: Sep-10-2015
Judgment and Order (Oral) 1. Heard Mr. F.U. Borbhuya, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, the learned Central Govt. Counsel (CGC) representing the respondents. 2. The petitioner was a rifleman in the 14th Assam Rifles and he was prosecuted under Section 69 of the Army Act, 1950 (hereinafter referred to as the Army Act ), for committing a civil offence, punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the the NDPS Act ). The specific charge against the rifleman was that he was found in possession of 36 kgs. of ganja on 30.11.1999, at the Guwahati Railway Station. The petitioner was arrested and handed over to his employer and a Summary Court Martial Proceeding was drawn up against him by the Commandant of the 14 Assam Rifles. 3. The trial commenced at 10:00 Hrs on 6.11.2000 and after closure of trial at 13:05 Hrs., the sentence of 89 days Rigorous Imprisonment (RI) in militar...
M/s. Esteem Projects Pvt. Ltd., Represented by its Director Shri Gurin ...
Court: Guwahati
Decided on: Sep-09-2015
Judgement and Order (Oral): 1. Heard D. Senapati, the learned counsel appearing for the petitioner. The respondents are represented by Mr. K.N. Choudhury, the learned senior counsel. 2. This application is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the the Arbitration Act ) for appointment of arbitrator for a dispute arising out of a contract between the petitioner/contractor and the Indian Oil Corporation Ltd., Bongaigaon Refinery (hereinafter referred to as the owner ). The contract relates to piping/structural works and the owner gave letter of acceptance on 21.4.2010. The value of the contract was estimated at Rs.4,68,00,265.05 (Rupees four crore sixty eight lakh two hundred sixty five and paise five only), but it was made clear in the acceptance letter itself that, the final contract value shall be subject to variations depending upon the actual quantum of work executed and measured by the Engineer in-charge. The initial per...
Kamakhya Saha and Another Vs. Basanti Rani Das and Another
Court: Guwahati
Decided on: Sep-09-2015
Oral Order: 1. Heard Mr. B. N. Sarma, learned counsel for the appellants/defendants. Also heard Mr. K. Sarma, learned counsel for the respondents/plaintiffs. 2. This appeal is preferred by the defendants against the judgment and decree dated 24.03.2006, passed by the learned Civil Judge (Senior Division), Barpeta, in Title Appeal No. 56/2005, allowing the appeal and reversing the judgment and decree dated 23.09.1995, passed by the learned Civil Judge, Junior Division, Barpeta, in Title Suit No. 107/99, whereby the suit of the plaintiffs was dismissed. 3. Plaintiff No. 1 is the wife of plaintiff No. 2. The case projected in the plaint, shorn of details, is that in Schedule- A land, there is total 2 Bigha 2 Katha 13 Lecha of land covered by Dag No. 203 under K.P. Patta No. 128 at village Uttar Athiabari. In Dag No. 205 of K.P. Patta No. 129, and Dag No. 204 of K.P. Patta No. 129 of the same village, there is 2 Katha 9 Lecha 13 Lecha of land, respectively, and, thus, in Periodic Patta No....
Abdul Haque and Others Vs. Abdul Rashid and Others
Court: Guwahati
Decided on: Sep-08-2015
Oral Order: 1. Heard Mr. A. Choudhury, learned counsel appearing for the appellants. Also heard Mr. M. H. Choudhury, learned counsel representing the respondents. 2. The present Second Appeal has been preferred against the concurrent judgment and decree dated 12.12.2005 passed by the learned Civil Judge(Senior Division), Nagaon in Title Appeal No.14/2004 upholding the judgment and decree dated 18.12.2003 and 24.12.2003 respectively passed in Title Suit No.77 of 1995 by the learned Civil Judge (Junior Division) No.2, Nagaon. 3. This Second Appeal was admitted to formal hearing by framing the following substantial question of law :- Whether the learned Courts of facts below were justified and legally permitted to grant relief beyond the pleadings as the plaint did not speak of any existing cause of action? 4. The plaintiffs case, in short, is that land measuring 22 bighas 3 kathas 10 lechas was originally recorded in the name of Ezafor Ali i.e. elder brother of Jonab Ali who is the pred...
Purna Chandra Nath Vs. Bhatima Das, LRs. and Others
Court: Guwahati
Decided on: Sep-07-2015
Oral Order 1. Heard Ms. T. Goswami, learned counsel for the appellant. This appeal was heard on three dates, i.e., on 31.08.2015, 04.09.2015 and 07.09.2015. None had appeared for the respondents in all these dates. 2. This Second Appeal is presented by the plaintiff against the judgment and decree dated 25.11.99, passed by the learned Civil Judge, Senior Division, Barpeta, in Title Appeal No. 2/98, dismissing the appeal and affirming the judgment and decree dated 11.12.97, passed by the learned Civil Judge, Junior Division, Bajali, in Title Suit No. 16/96. 3. The appeal was admitted to be heard by an order passed on 13.03.2000 on the following substantial questions of law: 1. Whether the suit is barred by the principles of res judicata ? 2. Whether the learned lower appellate court s holding the defendants as khatiandars was sustainable in view of the order, Ext.-6, cancelling the Khatian ? 4. Ms. Goswami, learned counsel for the appellant has submitted that the word decision , in sub...
Mugkuchi Gopal Mandir, represented by its Secretary Vs. Tarun Haloi
Court: Guwahati
Decided on: Sep-07-2015
Oral Order: 1. Heard Mr. U. Dutta, learned counsel for the appellant. None appears for the respondent. 2. This second appeal is preferred against the judgment and decree dated 24.12.2004 passed by the learned Civil Judge (Senior Division), Nalbari in Title Appeal No.14/2004, allowing the appeal and setting aside the judgment and decree dated 19.06.2004 passed by learned Civil Judge (Junior Division) No. 2, Nalbari in Title Suit No. 21/2003, whereby the suit of the plaintiff was decreed. 3. The second appeal was admitted to be heard by an order dated 01.06.2005 on the following substantial questions of law: 1. Whether the learned lower appellate Court committed illegality in reversing the judgment and decree passed by the learned trial Court without setting aside the findings recorded by the trial Court under Issue Nos.3 and 4 ? and 2. Whether the findings recorded by the learned lower appellate Court that the defendant/Respondent was settled with the suit land is perverse on the face o...
Jatin Rajkonwar and Others Vs. The Management of Oil and Natural Gas C ...
Court: Guwahati
Decided on: Sep-04-2015
Judgment and Order (Oral) 1. The challenge in both the cases is to the award dated 31.12.2005 in the Reference No.8(C) of 2000, rendered by the learned Industrial Tribunal, Guwahati. The WP(C) No.2139/2008 is filed by 7 Khalasis, who according to the Presiding Officer, did not deserve reinstatement and regularization. Whereas the WP(C) No.5446/2006 is filed by the management of the Oil and Natural Gas Corporation Ltd. (in short the ONGC ) to challenge that part of the award, whereby the learned Industrial Tribunal ordered for reinstatement and regularization of the typists, who are arrayed in the proceeding as private respondent Nos.3-5. 2. The aggrieved Khalasis (hereinafter referred to as the workmen ) in the WP(C) No.2139/2008 are represented by the learned senior counsel Mr. A. Dasgupta. The management of the ONGC in both the cases is represented by the learned senior counsel Mr. G.N. Sahewalla. The private respondent Nos.3-5 in the WP(C) No.5446/2006 are represented by the learned...
Abdul Barek, By LRs. and Others Vs. Kuddus Ali and Others
Court: Guwahati
Decided on: Sep-04-2015
Oral Order: 1. Heard Mr. A. Choudhury, learned counsel for the appellants. Also heard Mr. M.H. Ahmed, learned counsel for the respondents. 2. This appeal is preferred by the defendants against the judgment and decree dated 18.07.2005 passed by the learned Civil Judge (Sr. Divn.), Barpeta in Title Appeal No.54/2004, allowing the appeal of the plaintiffs and reversing the judgment and decree dated 21.08.2004 passed by the learned Civil Judge (Jr. Divn.) No.1, Barpeta in Title Suit No.93/1998, whereby, the suit of the plaintiffs was dismissed. 3. This second appeal was admitted to be heard by an order dated 21.02.2007 on the following substantial question of law:- Whether the suit of the plaintiff for right, title and interest can be decreed only on the ground that the defendant has no right, title and interest over the said land without being any discussion about the right of the plaintiff over the said land ? 4. The learned counsel for the parties submit that in the aforesaid substanti...
Assam State Co-operative Marketing and Consumers Federation Ltd. Vs. F ...
Court: Guwahati
Decided on: Sep-02-2015
Oral Order: 1. Heard Md. M.H. Rajbarbhuiyan, learned counsel for the Appellant. Also heard Mr. S.K. Chakraborty, learned counsel for the Respondents. 2. This appeal is preferred by the plaintiff against the judgment and decree dated 08.02.2005, passed by the learned Civil Judge (Senior Division), Nagaon in Title Appeal No. 18/2004 affirming the judgment and decree dated 09.02.2004, passed by the learned Civil Judge (Junior Division) No. 1, Nagaon in Title Suit No. 48/2000. 3. The appellant, Assam State Co-operative Marketing and Consumers Federation Ltd., a Co-operative Institution registered under the Co-operative Societies Act, 1949 filed a suit against the Food Corporation of India and its functionaries praying for a declaration that Office Memorandum No. SandS/DIF/Cost/97-2000 dated 02.05.2000 is illegal and inoperative, permanent injunction restraining the defendants from recovering the differential cost as mentioned in the aforesaid Memorandum and not to give effect to the Memora...
- ‹ Prev
- 1
- Next ›