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Judgment Search Results Home > Cases Phrase: mediation Court: guwahati Year: 2003 Page 1 of about 55 results (0.013 seconds)

Feb 03 2003 (HC)

West Bengal State Electricity Board and ors. Vs. Shanti Conductors Pri ...

Court : Guwahati

Decided on : Feb-03-2003

..... parties, the court may reformulate the terms of a possible settlement and refer the same for- (a) arbitration; (b) conciliation; (c) judicial settlement including settlement through lok adalat; or (d) mediation.' 12. it has been submitted by mr. bhattacharjee that it is the duty of the court under section 89 to, first, determine if there is existence of element of settlement .....

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Aug 08 2003 (HC)

Md. SerajuddIn Vs. Md. Abdul Khalique and anr.

Court : Guwahati

Decided on : Aug-08-2003

s.k. kar, j.1. being aggrieved by the order and dissatisfied with the judgment and decree passed by the learned sub-judge no. 1, manipur east, in original suit no. 67/86/14/87/7/89/122/90/83/90, this appeal was presented by md. serajuddin, who is the defendant in the original suit.2. the facts, in brief, are as follows : the respondents/plaintiffs, (plaintiff no. 2, an insane, being represented by his younger brother plaintiff no. 1) instituted the suit in question for a decree of redemption of the southern half of the land, hereinafter called the 'suit-land', pertaining to dag no. 15/2284, patta no. 181 measuring 0.062 acre in total area situated under imphal municipality, m.g. avenue. the entire dag stands in the names of plaintiffs and defendant jointly and northern half belongs to the defendant. the plaintiffs state that in the early part of january, 1984 plaintiff no. 1 (respondent no. 1 before this court) being in need of money for his contract work approached the defendant (appellant before this court) who is husband of the plaintiffs' sisters daughter for borrowing the money. the defendant taking the advantage of haplessness of the plaintiff induced the plaintiff no. 1 to agree to borrow a sum of rs. 90,000/- only on his execution of two registered deeds dated 17-1-1984 of usufructuary mortgage in respect of the suit land coupled with an agreement for sale of the land in case he fails to repay the loan within a period of four-months. that plaintiff no. 1 before .....

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Mar 26 2003 (HC)

Ratna Kanta Kalita and ors. Vs. Kanak Chandra Kalita (Deceased by L.R. ...

Court : Guwahati

Decided on : Mar-26-2003

s.k. kar, j.1. i have heard learned counsel for the appellants as well as learned counsel for the respondents and have perused the connected records. this is a second appeal to challenge judgment and decree dated 7-11-1997 passed by the civil judge, sr. div. no. 2 in t.a. no. 26/96 reversing judgment and decree dt. 30-4-96 of civil judge. jr. div. no. 3 made in t.s. no. 267/94.2. brief facts giving rise to institution of the suit, (ts 267/94) are as follows. respondent/plaintiff late kanak ch. kalita (now substituted by his legal heirs) alleged/ pleaded that on 1-11-93 appellant/principal-defendant no. 1, ratna kanta kalita along with his wife and sons (defendant no. 2-5) forcibly trespassed unto his land with intent to dispossess him. that this land was inherited by him from his father and he was in separate possession of the same on the strength of amicable partition amongst the brothers, defendant no. 1 being one of his three brothers, since the year 1966 when amicable partition was effected between the co-sharers. however, the land in his share and possessed by him, although demarcated by boundary pillars, is the continuous eastern half of the dag which was held jointly after amicable partition with appellant/defendant no. 1. that proforma-defendants are heirs of his other two brothers who were given land in lieu thereof separately and share of the plaintiff and the defendant no. 1 is 1b 2k 3l comprising suit dags 2195 and 2198 of k.m. patta no. 847 as detailed in .....

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Mar 26 2003 (HC)

Ratna Kanta Kalita and ors. Vs. Kanak Chandra Kalita (Deceased by L.R. ...

Court : Guwahati

Decided on : Mar-26-2003

Reported in : AIR2004Gau31

s.k. kar, j.1. i have heard learned counsel for the appellants as well as learned counsel for the respondents and have perused the connected records. this is a second appeal to challenge judgment and decree dated 7-11-1997 passed by the civil judge, sr. div. no. 2 in t.a. no. 26/96 reversing judgment and decree dt. 30-4-96 of civil judge. jr. div. no. 3 made in t.s. no. 267/94.2. brief facts giving rise to institution of the suit, (ts 267/94) are as follows. respondent/plaintiff late kanak ch. kalita (now substituted by his legal heirs) alleged/ pleaded that on 1-11-93 appellant/principal-defendant no. 1, ratna kanta kalita along with his wife and sons (defendant no. 2-5) forcibly trespassed unto his land with intent to dispossess him. that this land was inherited by him from his father and he was in separate possession of the same on the strength of amicable partition amongst the brothers, defendant no. 1 being one of his three brothers, since the year 1966 when amicable partition was effected between the co-sharers. however, the land in his share and possessed by him, although demarcated by boundary pillars, is the continuous eastern half of the dag which was held jointly after amicable partition with appellant/defendant no. 1. that proforma-defendants are heirs of his other two brothers who were given land in lieu thereof separately and share of the plaintiff and the defendant no. 1 is 1b 2k 3l comprising suit dags 2195 and 2198 of k.m. patta no. 847 as detailed in .....

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Apr 30 2003 (HC)

Hashyabala Ghosh and ors. Vs. Ghanshyam Nunia

Court : Guwahati

Decided on : Apr-30-2003

s.k. kar, j. 1. although not at the time of admission but during the hearing of this appeal the following substantial questions of law were formulated, viz.-(a) whether the finding of the learned district judge that in absence of mutation of the names in the relevant record, the successors plaintiff has no title is correct.(b) whether the finding of the court below that the defendant acquired title by adverse possession is correct.2. before dealing with the real controversy it will be convenient to reflect the respective cases of the rival parties.3. to the concise, the case (as it stands on the amendment of plaint in the year 1992) for the appellants/plaintiffs is that late pratap ch. ghosh died don 6.3.1971 leaving behind him the plaintiffs as his heirs and during his life-time he used to own and possess land measuring 2b-4k-19l appertaining to dags no. 6 and 7 of khatian no. 97 at goaltali, bamanpara (described with more particulars in schedule appended to the plaint) out to which the disputed land is 2k-5l (which is hereinafter called 'the suit land').4. that one late bhagalu nunai, predecessor-in-interest of the respondent/defendant ghanashyam nunia and proforma respondents/ defendants radhu chouhan and smti chandaiya nunia, approached late pratap ch. ghosh in the year 1945 to allow him to reside on the suit land which was vacant at that time and consequently was permitted to occupy the same (suit land) by constructing thatched house thereupon. that pratap ch. ghosh .....

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Mar 26 2003 (HC)

Md. Harmuj Ali Paramanik Vs. Md. SafiuddIn Sarkar

Court : Guwahati

Decided on : Mar-26-2003

s.k. kar, j. 1. order dated 8.10.2002 passed in t. ex. 12 of 1999 (out of decree in ts 10/84) has been assiled by md. harmuj ali pramanik, ts no. 10/84 was instituted by md. saifuddin sankar and another as plaintiffs against md. harmuj ali pramanik and ts no. 167/97 was filed by md. harmuj ali pramanik as plaintiff against md. saifuddin sankar and 4 other including state of assam and settlement office, dhubri, as the proforma-defendants no. 4 and 5.2. before entering into the discussions about any illegality or errors in the impugned order, a brief narration of facts giving the back ground will be essential to understand the disputes and related matters in controversy clearly.3. the petitioners md. saifuddin sankar & another as back as in the year 1980 instituted title suit no. ts 35/80 for eviction of harmuj ali pramanik from land, measuring 1 (one) bigha appearing to dag no.13, khatian no. 58 situated at villege manipur part-i under bagribari circle, district goalpara and the houses standing thereupon, claiming ownership. the suit (ts no. 35/80) was dismissed on technical ground of want of service of valid notice under section 106 of t.p. act and hence they filed as second suit, registered as ts no. 10/84 for the same purpose, inter alia, that he along with the plaintiff no. 2 were owners of aforesaid land and houses thereupon described in the schedule appended to the plaint and the houses thereupon were let out to the defendant harmuj at monthly rent of rs. 50 for a .....

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Sep 02 2003 (HC)

Union of India (Uoi) Vs. Rajen Munda and ors.

Court : Guwahati

Decided on : Sep-02-2003

p.p. naolekar, c.j.1. this petition by union of india is directed against the order dated 6.3.2002, passed by the learned central administrative tribunal (in short, cat) at guwahati in oano. 292/2001. the facts of the case, in brief, are as follows :2. the department of posts, on public demand set up an extra departmental branch office at the village of mitham bangali. employment exchange at tezpur was asked to forward a list of probable candidates for the post of extra departmental branch post master for that branch office. a list of 3(three) candidates was forwarded by the employment exchange and the applications of 7 (seven) other candidates were received directly from the local advertisement. thereafter a comparative list of 10 (ten) candidates was prepared and on verification of the candidatures of the applicants one sri biplab sarkar was found to be the best and accordingly the said person was selected as branch post master (bpm) of mitham bangali branch office on 20.6.2001 and the charge of the said branch office was handed over to him on 26.6.2001. shri biplab sarkar was made respondent no. 8 in said oa no. 292/2002 wherein the present respondents challenged the legitimacy of the selection of biplab sarkar alleging, inter alia, that the selection was made arbitrarily and in violation of established norms etc.3. the present respondents, as the petitioners before the learned tribunal in oa no. 292/2001, contended therein that annexure 'c', i.e., the notice/ .....

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Sep 09 2003 (HC)

Debabrata Kaloy Vs. State of Tripura and ors.

Court : Guwahati

Decided on : Sep-09-2003

t. vaiphei, j. 1. heard mr. a.k. bhowmik, learned senior counsel, assisted by mr. s. ghosh, learned counsel appearing for the petitioner. also heard mr. t.k. roy, learned advocate general, tripura, assisted by mr. s. chakraborty, learned counsel, for the respondent no. 1 and mr. b. r. bhattacharjee, learned senior counsel, assisted by mr. a. ghosh, learned counsel for the respondent no. 3 as well as mr. b. das, learned senior counsel, assisted by mr. a. ghosh, learned counsel for the respondent nos. 2, 4 and 5. 2. this is an application under article 226 of the constitution of india filed by the petitioner for quashing the impugned notice dated 24.07.2003, the impugned list of business dated 29.07.2003, the impugned bulletin dated 29.07.2003 and the impugned proceedings and resolution of the meeting of tripura tribal areas autonomous district council (hereinafter called 'ttaadc') held on 31.07.2003 and all subsequent and consequential actions of the respondents and also for directing the respondents to allow the executive committee headed by him to continue in the office. 3. the brief facts of the case are that the ttaadc is an autonomous district council formed under 6th schedule of the constitution of india and that the law governing ttaadc is regulated by the tripura tribal areas autonomous district council (constitution, election and conduct of business) rules, 1985 (hereinafter referred to as '1985 rules'). it is stated by the petitioner that the district council is a .....

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Mar 28 2003 (HC)

Sivasagar Municipal Board Vs. State of Assam and ors.

Court : Guwahati

Decided on : Mar-28-2003

a.h. saikia, j. 1. heard mr. k.n. choudhury, learned sr. counsel assisted by mr. p. bora, learned counsel for the petitioner. also heard mr. r. chakravorty, learned state counsel appearing on behalf of the state-respondents and mr. g.n. sahewalla, learned sr. counsel assisted by mr. b. sharma, learned counsel appearing on behalf of private respondent no. 4.2. considering the nature of controversy involved in this writ petition as well as on consent of the learned counsel for the parties, this petition is taken up for final termination to day itself at the motion stage.3. the respondent no. 4 has been settled with parking zone under the petitioner on 22-8-2002 for the period 2002-2003 in terms of nit dated 17-5-2002. while the respondent no. 4 had been enjoying the said settlement, he had been found to be in default of payment of kist money as well as non-execution of the lease deed, for which the petitioner had to issue communication dated 8-11-2002 (annexure-vii to the writ petition) asking him to deposit the kist money for the month of november within 11-11-2002 and to execute the lease deed with a caution that failure to take such steps may result in cancellation of the settlement. in reply to the said communication, the private respondent had filed his explanation. as the respondent failed to comply with the said direction of the petitioner, ultimately on 9-12-02, the petitioner had to issue a final show cause by directing him to deposit the kist money for the month of .....

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Mar 11 2003 (HC)

Ranjan Das and anr. Vs. State of Assam

Court : Guwahati

Decided on : Mar-11-2003

ranjan gogoi, j. 1. this appeal is directed against the judgment and order dated 26.3.1999 passed by the learned sessions judge, hailakandi in sessions case no. 27/98. by the aforementioned judgment and order, the two accused appellants before us have been convicted under section 302 of the indian penal code and sentenced to undergo rigorous imprisonment for life and to pay a fine of rs. 2,000 each in default to suffer further rigorous imprisonment for one year. 2. the case of the prosecution, in short, is that on 27.8.1997 at about 5 a.m., p.w. 2 madan mohan das lodged a fir in the hailakandi police station stating that at about 10.30 p.m. of the previous day, i.e., 26.8.1997, on hearing hue and cry towards the north-western side of his house, he rushed in that direction and found his nephew, the deceased nihar ranjan das in a pool of blood. in the first information report, it has been alleged, that the deceased nihar had reported to the first informant, in the presence of one ajir uddin (pw 4) and nasir uddin (pw 3) and several other persons, that the accused-appellants ranjan and aftab has assaulted him. it was further mentioned in the fir that the deceased nihar became unconscious thereafter and he was put in a pool cart belonging to one sunil das (pw 6) for being taken to the hospital but on the way, the deceased succumbed to his injuries. 3. that on the basis of the aforesaid fir, hailakandi police station case no. 0278/97 was registered and investigation of the case .....

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