Court : Guwahati
a.h. saikia, j.1. heard mr. a. nilamani singh, learned sr. counsel being assisted by mr. a. bimol singh, learned counsel for the appellants.2. none appears for the plaintiff/respondent despite notices.3. having been informed of the death of the counsel for the respondent, this court by order dated 29-8-2001 directed the office to issue notice on the respondent intimating him about the pendency of this appeal and the said notice was made returnable within one month. as per office note dated 1-9-2001, it appears that notice was issued to the respondents returnable on or before 2-10-2001. thereafter. office note dated 9-10-2001 goes to show that the notice to the respondent returned after causing proper service. since nobody has put in appearance on behalf of the respondent, though notice has been duly served upon them, as per above office notes and on considering the long pendency of this matter from 1988, this second appeal being listed for hearing, is taken up today for final disposal in the absence of the respondent.4. on perusal of the records including various orders, it transpires that no substantial question of law has been formulated in this second appeal.5. upon hearing the learned sr. counsel for the appellants, the following substantial question of law is formulated : 'whether the appellate court below while reversing the judgment and order of the trial court committed perversity based on surmises and conjectures by misreading the material evidence on record.'6. the .....
Tag this Judgment!Court : Guwahati
brijesh kumar, c.j.1. this appeal is preferred under section 23 of the railway claims tribunal act 1987, against the judgment and order dated 13.8.1999, passed by the railway claims tribunal, guwa-hati bench, dismissing the application no. 1 of 1998 preferred by the appellant for award of compensation on account of death of her husband bhuben nath, constable no. 184 of hojai g.r.p. outpost.2. we have heard mr. d.c. kath haza-rika, learned counsel for the appellant and mr. b.k. sharma, learned counsel for the respondent.3. the brief facts which do not seem to be in dispute are that the husband of the appellant, bhuben nath was constable no. 184 in the g.r.p., posted at outpost hojai. on the fateful day, he was detailed for duty to check suspicious luggage of passengers at hojai railway station and in connection thereof a command certificate was issued to him on 2.1.98. at about 9.15 p.m. when the inter-city express arrived at hojai railway station, he fell down from the train due to heavy rush of passengers, in the meantime, the train moved and he was run over by the train. he died at the spot.4. the appellant had approached the railway claims tribunal for awarding compensation under section 124a of the railways act, 1989. the defence taken on behalf of the respondent was that the deceased was not a bona fide passenger of the train, nor a railway servant on duty. therefore, he was not entitled for any compensation even though he may be involved in the untoward incident in .....
Tag this Judgment!Court : Guwahati
t. vaiphei, j.1. this revision under rule 36-a of the rules for the administration of justice and police in khasi and jaintia hills, 1937 is directed against the judgment and order dated 21.7.2003 passed by the ld. additional district judge, east khasi hills, shillong in f.a.o. no. 4 (t) of 1999 confirming the judgment and decree dated 18.11.1999 passed by the ld. assistant to deputy commissioner, shillong in (arb) misc. case no. 128 (t) of 1990 making the award dated 8.9.1991 of the sole arbitrator a rule of the court and awarding interest @ 18% per annum from the date of the decree till realization of the entire decretal amount, if the petitioner failed to pay the awarded amount within 60 days from the date of decree. the history of this case reminds me of the oft-quoted observations of the apex court in guru nanak foundation v. rattan singh and sons, : [1982]1scr842 , which reads thus:interminable, time-consuming, complex and expensive court procedures impelled jurists to search for an alternative form, less formal, more effective and speedy for resolution of disputes avoiding procedural claptrap and this led them to arbitration act, 1940 ('act' for short). however, the way in which the proceedings under the act are conducted and without an exception challenged in courts, has made lawyers laugh and legal philosophers weep. experience shows and law reports bear ample testimony that the proceedings under the act have become highly technical accompanied by unending prolixity .....
Tag this Judgment!Court : Guwahati
c. jagannadhacharyulu, j.c.1. these are two references made by the sessions judge, tripura, under section 438 cr.p.c. to quash the charges framed by the s.d.m., sadar, on 30.5.1963 against the petitioner-accused in cr. cases no. 16 of 1963 and 15 of 1963 on his file respectively under sections 406 and 403 i.p.c. for the offences of criminal breach of trust and criminal misappropriation. as the learned counsel for both the parties argued both the cases as clubbed and as the same questions of law arise for determination and as the petitioner is the same in both the cases, they are disposed of by this common judgment.2. in criminal reference 14 of 1965 the case of the prosecution is that the petitioner is a contractor, who was previously executing contracts in the public works department, tripura, that on 21.11.1960 he entered into a contract with the executive engineer, agartala division no. iii for construction of a primary school for 150 days in dakshina anandanagar, that in pursuance of the contract the petitioner was entrusted with 100 bags of cement, 15 bundles of g.c.i. sheets and 5 cwt. m.s. rod 5/8' diameter, on 17.1.1961, of the total value of rs. 5.520.76 np., but that he constructed only the plinth utilizing 30 bags of cement and that he committed either criminal breach of trust or criminal misappropriation of the remaining materials. so, the executive engineer, agartala division no. iii filed a written complaint on 7.1.1963 against the petitioner in the court of .....
Tag this Judgment!Court : Guwahati
rajvi roop singh, j.c.1. this is a reference made by the learned sessions judge of tripura under section 438, cr.p.c. recommending that the order of the learned magistrate first class, sadar, directing the complainant under section 260 of the code of criminal procedure to pay compensation of rs. 50/- to the accused opposite party, in default of payment to suffer simple imprisonment for 10 days, is bad in law and should be set aside.2. the facts out of which this reference arises are briefly as follows:(2a) that on 4.4.61, the petitioner shri devendra chandra paul, as the secretary of the udayan club, filed a complaint in the court of s.d.m. agartala, sadar, to the effect that on 28.3.61, the 5 accused persons opposite. party had broken the wall of the club named udayan club at gopalnagar under sidhai p.s. and had thereby caused damage to the extent of rs. 300/-. the learned s.d.m. on the same day transferred the case to the file of shri s.r. chakraborty, magistrate first class, sadar. the learned magistrate summoned the 5 accused opposite party and framed charge against them tinder section 427 i.p.c. the accused opposite party pleaded not guilty, and their defence was that there was no such club and that they had been implicated falsely in the case out of grudge by the complainant.3. the complainant, in order to bring home the offence against the accused persons, examined as many as 4 witnesses. the accused led no evidence in their defence. the learned magistrate did not .....
Tag this Judgment!Court : Guwahati
..... the protection of the liberty of the subject that court should always bear in mind that, unless a statute, either clearly or by necessary implication, rules out mensrea as a constituent part of a crime, the court should not find a man guilty of an offence unless he has a guilty mind.'19. ..... if the evidence is so strong against a man as to leave only a remote possibility in his favour which can be dismissed with the sentence,', of course it is possible but not in the least probable', the case is proved beyond reasonable doubt, but nothing short of that will ..... ' given on sterling testimony of a competent, honest man....'22. .....
Tag this Judgment!Court : Guwahati
t. nandakumar singh, j.1. heard mr. n. ibotombi singh, learned counsel appearing on behalf of the petitioners as well as mr. s. nepolean singh, learned g.a. appearing for the respondent no. 1; and none appears for the respondents 2 and 3.2. the short factual panorama of the petitioners' case is that the petitioners of the present joint writ petition took their respective shops on lease from the respective private oweners. it is also the specific case of the petitioners that the respective shops occupied by the petitioners do not belong to the imphal municipal council/imphal municipality, but those shops are the shops of the private land owners.3. by this writ petition the petitioners are assailing the notice being no. im/24/(iv)93-94(a), imphal, the 4th november, 1998 to all the writ petitioners. the copies of the said notices dated 04.11.1998 are available at annexure-a/2 (colly). for easy reference, one of the notices dated 04.11.1998 is quoted hereunder:imphal, the 4th nov.'98to,n. tolpishak devi, kong keithel.no. im/24(iv)/93-94(a) - whereas it has come to the notice of the imphal municipal council that you have indulged in selling kom kwa and mana at the eastern and western side of purana bazar ngarigully without permission of this council or any other authority. now, therefore, you are informed to stop selling of kom kwa and mana within 3(three) days from the date of receipt of this notice failing which the same will be evicted by this office and no responsibility will .....
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brij narain, j.c.1. this is an appeal on behalf of the manipur state under section 417, or. p. c., read with section 20, manipur state courts act, 1947, against the order of acquittal of the respondent passed by the sessions judge, manipur, in criminal appeal no. 20 of 1954 on 31-3-1954. the respondent was originally convicted by the senior extra assistant commissioner in criminal case no. 675 of 1954 on 8-3-1954 under section 417 and was sentenced to one year's rigorous imprisonment and a fine of rs. 400/- and in default of payment of fine a further term of 4 months' rigorous imprisonment.2. the facts of the case as alleged by the prosecution are that waithou phumnam fishery was purchased by the waithou phumnam mapan fishery co-operative society limited during the year 1953 for rs. 40.000/- and odd and the patsal (proceeds money) was to be paid in 3 instalments.the first two instalments appeared to have been paid earlier and a sum of rs. 7,500/- was raised in the village for payment of the third kist (instalment) and the money was taken to the imphal treasury for being deposited there during the rathajatra festival, but as laisram kirti singh, cashier p. w. 2, maimom mani singh, secretary p. w. 3, thangjam jatra singh, chairman p. w. 4 and yumnam gour singh p. w. 7 reached the treasury late the money could not be deposited and as it was a holiday on the next day the amount was converted from g. c. notes of lower denominations to seventy five 100 rupee notes and one of these .....
Tag this Judgment!Court : Guwahati
i.a. ansari, j.1. these two appeals have arisen out of the award dated 21.12.2004, hereby two claim cases, namely, m.a.c. case nos. 35 and 36 of 2000 have been disposed of by the learned member, motor accidents claims tribunal, dimapur.2. by this common judgment and order i propose to dispose of both the appeals, for on the request of learned counsel for the parties, both the appeals have been heard together inasmuch as the same have arisen out of the same accident and the findings in any of the two appeals may affect the outcome of the other appeal.m.a.c. appeal no. 3 (k) of 2005:3. this appeal has arisen out the claim application for compensation, which gave rise to m.a.c. case no. 35 of 2000 aforementioned.4. the material facts and the various stages, which led to the m.a.c. appeal no. 3 (k) of 2005 aforementioned, may in brief be stated as follows:(i) the appellant no. 1 herein, namely, chandra singh made an application under section 166 of the motor vehicles act, 1988 (in short 'the act'), seeking a sum of rs. 6,20,670 as compensation for the injuries suffered by him, his case being in brief that on 17.6.1997 when he was driving his truck loaded with cement, the truck met with an accident at makhan in sena-pati district of manipur due to failure of the brake and as a result of the said accident, he sustained grievous injuries and became disabled. pending disposal of the application made under section 166, the claimant also made an application under section 140 of the .....
Tag this Judgment!Court : Guwahati
1. all the writ applications raise the common question of law and almost similar facts. these writ applications have been filed by 19 petitioners in all with the prayer to set aside the memorandum dated 31.3.1999. annexure - 11 (wrongly typed out as annexurc -12 in the writ petitions). annexure - 11 reads as follows :-'no. f.3(51) - dswe /estt/97government of tripuradirectorate of social welfare & social education agartala: tripura dated, agartala, the 31/3/1999 memo shri/smt. juthika bhattacharjee. supervisor, icds was appointed on adhoc basis and his/her adhoc appointment is continued from time to time. as he/she was appointed on adhoc basis without following the selection process through tpsc. his/her adhoc appointment could not be regularised. because of this, his/her adhoc appointment may discontinued at any time by thegovernment. the tpsc has issued advertisement vide no.3/99 dated 17.3.1999 for the post of supervisor, icds. the last date for submission of application is 17.4.1999. shri/smt. juthika bhattacharjee, supervisor. icds is requested to apply for the post to the secretary, tpsc through the proper channel. sd/- illegible(s. sailo)directorsocial welfare & social educationtripura ' thereafter, these posts were advertised and already the selection has been made by the tripura public service commission, but result has not been announced. in w.p. (c) nos. 94/2000, 102/2000 and 103/2000 the subsequent advertisement issued has been challenged.2. there are basic .....
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