Court : Guwahati
..... moreover, the further contention is that there was no case of dependency in this case as the deceased was niece of the claimant and was not an earning member on the basis of facts on record but the learned tribunal failed to notice this fact and went from the wrong angle to treat the claim presented by person claiming to be the legal representative of the deceased died in vehicular accident. ..... in this context it may not be out of place to comment here that now a days there is a growing tendencies unfortunately to gain fortune out of the unfortunate death/injuries in vehicular accidents by resorting to dubious means and stark falsehood. ..... but, it has been rightly pointed out by the learned lawyer for the petitioner that in doing so, the tribunal is not supposed to forget the legal implications therein as contemplated by the scheme under section 163a of the motor vehicles act ..... the quintessence of the submission made by the learned counsel appearing for the petitioner is that on the basis of law given by hon'ble apex court as reported in (2001)5 scc 175 the tribunal was not justified in deciding the case applying section 163-a of the ..... the document on which learned tribunal relied upon to ascertain income of deceased, is a certificate given by superintendent of ..... the award granted by learned tribunal is reduced to ..... surprisingly, the learned member of the tribunal (judgments noted him as presiding officer although section 165 of ..... learned counsel appearing for the respondents/claimant sh. .....
Tag this Judgment!Court : Guwahati
..... in this case, apparently, the best evidence has not been produced and the finding of the learned additional subordinate judge rests on a misapprehension of the legal position arising in the case as also of the evidence adduced. ..... on the question of notice of the cheque having been dishonoured, the learned counsel for the appellant has relied on clause (c) of section 98, negotiable instruments act, which provides that 'no notice of dishonour is necessary when the party charged could not suffer damage for want of notice'. ..... the order of the learned additional subordinate judge is reversed and plaintiff's claim for the sum of rs. ..... the learned counsel for plaintiff-appellant has conceded that the plaintiff could not recover the amount claimed on the basis of the handnote as it was not adequately stamped. ..... the learned additional subordinate judgefound that jogendra dutta, deceased, was provedto have been insane on the relevant dates. ..... the learned munsiff found that the execation of the cheque had not been denied and that the evidence adduced by the defendants did not establish that he was insane or of unsound mind during theperiod commencing from 27-8- ..... the learned additional subordinate judge reversed the decree of the court below and dismissed the suit. ..... as regards the cheque, the defence raised was that it had been fraudulently obtained by the plaintiff on 27-8-1943 for wrongful gain. .....
Tag this Judgment!Court : Guwahati
..... advocate general, he has contended that the claim of the petitioner is barred by principle of res judicata, that there was a case of fake service book produced with the intend to gain illegally and take advantage of the situation by adopting unfair means and that under the facts and circumstances of the case, as narrated by the petitioner himself, there is no right enforceable in his favour in claiming back-wages. ..... thus, summing up therefore i find that it has been rightly pointed out by the learned addl. ..... that he had tried to twist facts being driven by sheer greed, learned addl. ..... vaiphei, learned addl. ..... lalrinthanga, learned counsel for the petitioner submitted that it is a covered case and this court earlier disposed of the petitions on identical/similar facts vide judgments passed in civil rule no. ..... vaipbei, learned addl. ..... lalrinthanga, learned counsel for the petitioner and mr. t. .....
Tag this Judgment!Court : Guwahati
..... after few years of his transfer to changlang, pwd, the petitioner made a query about his retirement and came to learn that only 5 years left for his retirement and that his age has been recorded in the service book as 18.06.1952 on the basis of the presumptive age noted by the doctor i.e. ..... in the present case, admittedly, when the writ petitioner came to learn that only 5 years of service was left for his retirement and that his age has been recorded in the service book as 18.06.1952, then, he agitated for correction of his date of birth. ..... rule in force and cannot be accorded to which seems only to gain some fresh advantage by the petitioner and in this view of the matter, this writ petition has no merit and therefore, the same is liable to be rejected and dismissed.6. ..... baruah, learned senior counsel submits that the case of the writ petitioner is that the petitioner was appointed as work charge mechanic in the pwd, arunachal pradesh on 01.07.1980 at jairampur and after 19 years of service at jairampur, he was transferred to ..... nabam, learned senior govt. ..... saikia, learned counsel for the petitioner as well as mr. r.h. ..... baruah, learned senior counsel assisted by mr. u.j. ..... nabam, learned sr. .....
Tag this Judgment!Court : Guwahati
..... 1997 (3) glt 394 and the division bench made the following observations:'upon hearing the learned counsel for the parties and after examination of all aspects of the matter we are of the view that the trained apprentices on successful completion of their training are not required to appear in the examination, if any, ..... , reported in (1995-ii-llj-854) (sc), hereinafter referred to as upsrtc case, the learned single judge held that having undergone apprenticeship-training the petitioner ought not to have subjected to written test as well as oral interview for the purpose ..... learned counsel for the petitioner has submitted that the petitioner was not selected as he was not given due credit for the experience gained by him while undergoing training and as such the selection process suffers from ..... 1997 and after hearing both sides the learned single judge allowed the writ petition. ..... sherewardi, (1981-i-llj-103) (sc) the learned counsel for the petitioner submits that in the matter of public employment the oral, interview/test is not a very satisfactory test for assessing and evaluating the capacity and suitability of ..... in addition to the directions issued by the learned single judge the respondents, while considering the cases of the trainees for providing employment, shall follow its own regulation but shall not insist upon the trainee-apprentices to appear in any ..... appeal is directed against the judgment and order passed on january 27, 1999 by the learned single judge in civil rule no. .....
Tag this Judgment!Court : Guwahati
..... and had not paid her any amount for maintenance;(2) whether the petitioner is entitled to have any relief and if so, upto what extent.discussing in details the statements of the witnesses of the contending parties, the learned family judge came to the finding that the evidence and materials produced by nilima, prima facie established that she was legally married to yubaraj according to their customary law and they lived together since ..... 1-12-2002 but the said order was assailed in criminal revision 3(1)/2003 before the learned sessions judge, west tripura, agartala, who by judgment dated 17-9-2003 observed that as the order of maintenance was passed ex parte without giving notice to the other side, the same should be set aside ..... in the face of total denial of the marriage between yubaraj and nilima the learned family court was called upon to decide whether there existed a prima facie case of marriage between the two in order to decide the controversy and determine the claim of maintenance.3 ..... as such documents do not prove the claim of yubaraj that he was married to jumki chakma before his alleged marriage with nilima, the learned judge, family court has, in my view correctly, refused to reiy on them. ..... accordingly, after setting aside the order of maintenance the learned sessions judge directed the judicial magistrate to retry the case in accordance with ..... on the standard of proof in such a proceeding the supreme court held in para 6 of the judgment, which is gainfully quoted below:6. .....
Tag this Judgment!Court : Guwahati
..... a careful perusal of the evidence on record and the reasons recorded by the learned trial court in support of the convictions and sentence the impression which strongly gains ground is that the appellant more often than not quarreled with the deceased over the boundary dispute and on the date and time of occurrence he first launched the attack though he had no intention to ..... thus the right of private defence having not been established the learned trial court had no difficulty to take a firm view that none but the appellant was responsible for the death of ..... defence statement coming from the appellant that the fight was between him and the deceased led the learned trial court to acquit pyari mohan and his son kebal. ..... would lead to the conclusion that he tried to develop the story in his deposition before the learned trial court for supporting the defence of the appellant. ..... on the basis of the materials collected during investigation the learned trial court framed charge against pyari mohan, kebal and raj kumar under sections 448 and 302 read with section 34 of the indian penal ..... the learned counsel for the respondents on the other hand submitted that the plea of right of private defence has totally failed as there is no evidence to support the appellant that he acted only in ..... the learned trial court after a careful analysis of the evidence on record came to conclude that the appellant did not intend to kill his uncle, though considering the location of the injury it can be said that .....
Tag this Judgment!Court : Guwahati
..... this view gain support from the decisions relied upon by shri roy, learned counsel for the appellants. ..... the decision of the learned trial judge in issue no. ..... 16.2.2001 passed by the learned civil judge (senior division) no. ..... the learned trial court also held that the suit could not be decreed being bad for non-joinder of the karbi anglong autonomous council. ..... roy, learned counsel for the appellants relying upon the provisions in section 25 of the contract act submitted that the letters written by the executive engineer on 27.5.1994 and 29.2.1996 amounted to promise made in writing to pay the whole ..... the learned trial court held that the cause of action arose on different dates, as alleged, and answered the issue no. ..... the learned trial court, on consideration of the pleadings, framed the following issues :-1. ..... the learned trial court dismissed the suit on the ground that it is barred by limitation and bad for non-joinder of karbi anglong district council.3. .....
Tag this Judgment!Court : Guwahati
..... if the members of the second party admit the existence of public right, learned magistrate may take evidence and or may with the consent of the parties decide the merit of the case on the basis of the evidence already adduced or he may take fresh evidence but the proceedings must ..... occasion arises, and an order of injunction pending enquiry becomes necessary learned magistrate may exercise the power to uphold the public interest. ..... as such, upon setting aside the final order i direct learned magistrate to follow the procedure laid down in section 137(1) of 'the code', put the necessary question to the members of the opposite party, hold an enquiry if the existence of public right is denied and then to proceed in ..... phukan, learned counsel for the opposite party is justified in submitting that on the side of the petitioners it was an assertion of 'private right' to fish for their personal gain whereas the villagers (opposite party) were fighting for 'life and health1 of the villagers, on receipt of the complaint under section 133, a competent magistrate passed a conditional, order requiring the petitioners to remove the ..... down the records forthwith to the learned sub-divisional magistrate (executive), north lakhimpur ..... i am constrained to hold that in the instant case learned magistrate has failed to comply with the mandatory provisions of section 137(1) of 'the code' and assumed jurisdiction to render an order under section 138 which is violative of the mandatory provisions of 'the .....
Tag this Judgment!Court : Guwahati
..... proceeding or inquiry as we held above, but we are not inclined to put any restriction on the disciplinary authority about the penalty to be imposed after conclusion of the disciplinary proceeding and consequently the direction of the learned single judge contained in para 6 of the impugned judgment to pass orders with regard to penalty other than the penalty of dismissal/removal/compulsory retirement from service stands quashed. ..... we, therefore, find no reason to interfere with the direction given by the learned single judge remitting the matter back to the disciplinary authority, but the said direction stands modified to the extent that the proceeding shall be continued from the stage ..... that has been advanced by the learned counsel for the appellant is that in view of the provision contained in article 311 of the constitution no notice about the proposed penalty is required to be issued and, therefore, the findings and direction of the learned single judge to this effect is ..... the second limb of argument advanced before the learned single judge is that the copy of the enquiry report was not supplied to him though it is the basic requirement in order to provide an opportunity to make suitable representation against the said report ..... the relevant part of article 311 of the constitution is gainfully quoted below:provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such .....
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