Court : Guwahati
B.P. Katakey, J.1. This appeal is directed against the judgment and award dated 6th May, 2002 passed by the Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in M.A.C. Case No. 632 of 1999 awarding an amount or Rs. 2 lakh inclusive of no-fault liability as compensation for the death caused to one e Abdul Ali, husband of the appellant No. 1 and father of the appellant Nos. 2 to 4. Appellants filed the present appeal for enhancement of the quantum of compensation as awarded by the learned Tribunal.2. The brief fact leading to the filing of the claim petition is that one Abdul Ali, the husband of appellant No. 1 and father appellant Nos. 2-4 was knocked down on 17th June, 1999 at about 9.00 a.m. by vehicle No. AS-01 F-3744 driven by the driver in rash and negligent manner. Said Abdul Ali succumbed to his injury in Guwahati Medical College and Hospital. According to the appellants the deceased was a poultry and vegetable trader earning about Rs. 5,000 per month and left behind the ...
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B.K. Sharma, J. 1. All the four writ petitions pose common questions of law on same set of facts and thus taken up for a common judgment and order. The core issue involved in all the three writ petitions is whether 'River Silt' can be said to be 'Minor Mineral' or can be said to be 'ordinary clay' as defined in Assam Minor Mineral Concession Rule, 1994 for the purpose of levying royalty by the State Government.2. According to the averments made in the writ petitions, the petitioners are carrying of the business of transportation of 'Brahmaputra River Silt' to various destinations located within the territorial jurisdiction of the Guwahati city for the purpose of earning their livelihood. According to them, they collect/extract 'River Silt' from Pahikhaiti, Chunsali, Dompara etc. in and around greater Gauhati and transport the same to various destinations by their own trucks which are used for the purpose of earth feeling. Their grievance is that the Government of Assam in the forest d...
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P.G. Agarwal, J.1. Heard Mr. S.N. Sharma, learned senior advocate for the petitioner Hindustan Paper Corporation Ltd. and Mr. N. Majarbuyan, learned counsel for the respondent/employee.2. The respondent Samsul Uddin Mazumdar an ex-employee of the Hindustan Paper Corporation Ltd., (hereinafter referred as the Corporation) raised an industrial dispute whereby vide Annexure 2 dated August 12, 1999, the Central Government made the following reference under the Industrial Disputes Act:'Whether the action of the Management of the Hindustan Paper Corporation Ltd., in denying the employment to Shri Samsul Uddin Mazumdar verbally w. e.f. April 25, 1992 is justified? If not, to what relief the workman is entitled?'3. The Corporation raised a preliminary objection before the Presiding Officer, Industrial Tribunal, Guwahati in the related Reference Case No. 27(c)/99 to the effect that the Central Government is not the appropriate authority and as such the reference is bad in law and vide impugned...
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I.A. Ansari, J.1. When a lis is brought or a proceeding is instituted in a Court of law, desirable it is that the Court, unless the law indicates otherwise, decides the maintainability of such a lis/proceeding. Howsoever, appealing may be the case of the party bringing the matter before the Court, the Court shall, keeping its mind completely disabused from the impression that it might have formed on the merit of the case, decide the question of maintainability. If the Court finds that the proceeding is not maintainable, the proceeding must terminate without carrying out any exercise to determine the merit or otherwise of the respective cases of the parties concerned and/or ' the question as to what reliefs the parties are entitled to. This rule is, however, subject to certain exceptions, one of such exceptions being that if the proceeding cannot progress on account of omission to implead the necessary party, the Court shall give an opportunity to the person, who approaches the Court, ...
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T. Vaiphei, J. 1. This is an application under Article 226 of the Constitution of India for directing the respondents to give effect to the recommendation of the 4th Tripura Pay Commission for revision of pay scale in respect of the Officers/Supervisors of Tripura Jute Mills Limited with effect from 1.1.1986 and also for providing house rent allowance, compensatory allowance, career advancement scheme and dearness allowance to the petitioners on par with the employees of the State Government and other public sector undertakings.2. The facts of the case leading to the filing of this writ petition may be briefly stated as follows :- The Tripura Jute Mills Limited (hereinafter called as 'T.J.M.L.) registered under the Indian Companies Act, 1956 is wholly a Government Company and having a Board of Directors, who are appointed by the Government of Tripura. At the time of constitution of 1st Pay Commission by the Government of Tripura, the T.J.M.L. was not yet in existence. However, the 2...
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I.A. Ansari, J.1. In a federal set up like ours, conflicts between Parliamentary and State enactments are not really uncommon. How to resolve such conflicts is also, by and large, well settled ; but every time, such a conflict is brought before the Courts for resolution, the Courts undertake a massive exercise. This happens not because of any kind of inherent disinclination, on the part of the Courts, to readily resolve such a conflict, but to ensure that in order to resolve such a conflict, the Courts, while interpreting with an open, liberal and modern mindset, the provisions of the Constitution of India and the laws framed thereunder, remain steadfast to the basic structures of the Constitution and while interpreting the Constitution, howsoever liberally, maintain not only the letter but also spirit of the basic and fundamental concepts of the Constitution. The present Writ petition invites this Court to undertake such an arduous exercise. In order to ensure that the States are not...
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Brijesh Kumar, C.J. 1. Civil Rule No. 3118 of 1994 has been filed on behalf of theSatradhikar of Bengana-ati Satra, P.O. Majuli, District Jorhat, impugning the vires of Section 25A of the Assam State Acquisition of Lands Belonging to Religious or Charitable Institutions of Public Nature Act, 1959 (Assam Act IX of. 1961) (hereinafter to be referred to as the Act). The offending provision provides for constitution of a committee to have control over the matter of utilization of the annuity and verification of the proper maintenance of the institution. Section 25A of the Act has been inserted by means of Assam Act No. XIX of 1987. Its operation, however, remained In abeyance; but it was made effective in the year 1994, which gave rise to the grievance of the petitions; hence, this petition. 2. Civil Rule No. 6221 of 1998 has been filed by some of the Dolois of Kamakhya temple. According to the averments made in the petition, the petitioners are engaged in the management of the affairs...
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M. Sharma, J. 1. The writ petitioner, in this writ petition has assailed the notice dated 28-2-94 (Annexure-13) and 5-5-94 (Annex-ure-17) issued by the Gauhati Metropolitan Development Authority (in short G.M.D.A.) by which the petitioner has been directed to discontinue the construction of the building in the 6th floor and also to demolish the 4th, 5th and 6th floors which were alleged to be constructed without the permission of the G.M.D.A. 2. The G.M.D.A. and the Chief Executive Officer, G.M.D.A. are made respondent Nos. 1 and 2 respectively and the Gauhati Municipal Corporation (in short G.M.C.) and its Commissioner are impleaded as Respondents 3 and 4 and the State of Assam has been Impleaded as Respondent No. 5 respectively. 3. The dispute in this writ petition is regarding the permission for construction/ extension of the existing building of the petitioner for which he filed application before the G.M.C. for further construction of his existing building on the 4th 5th and 6th...
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D.N. Chowdhury, J. 1. The first Appeal No. 115 of 1997, preferred by the National Insurance Company Ltd. is directed against the judgment and award dated March 11, 1997 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in case No. T.S. (W/C) 29 of 1994 upon a claim petition under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') awarding compensation to the claimants under the said Act. The Claimants also made a cross-objection against the said judgment and award against the Insurance Company. Both the matters were taken up together for hearing:2. Broad facts are cited herein below :-The deceased Ajit Gope was the son of the Claimant No. 2, Smt Sushama Gope and: husband of the claimant No. 1., Smt Sabita Gope. Ajit Gope was a driver of a Truck bearing No. TRL - 3974 owned by Shri Amalendu Saha, Opposite Party No. 1 in the claim petition. On May 7, 1993 deceased Ajit Gope was sent on duty from Khowai to Guwahati along with P.W...
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J.N. Sarma, J. 1. These cases raise the question of legality, validity and constitutionality of Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter called 'the Act'), and other actions related to the Debt Recovery Tribunal at Guwahati constituted under the Act ('Tribunal' hereinafter). 2. In all 350 cases were filed before the Debt Recovery Tribunal at Guwahati and out of such proceedings 211 writ petitions were filed before this court and stay was granted in those cases. There are some cases five in number arising out of cases filed by co-operative banks for recovery of their dues. The Debt Recovery Tribunal entertained them. The borrowers/ debtors have challenged this action on the ground that the Tribunal does not have the power to decide a suit filed by a co-operative bank, as the definition of 'bank' in the relevant Act does not cover a co-operative bank. These cases are separated from this bunch and they have been heard separately and separate judgm...
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