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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: guwahati Year: 2003 Page 1 of about 55 results (0.015 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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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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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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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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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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Jan 08 2003 (HC)

Utpal Choudhury Vs. State of Assam and ors.

Court : Guwahati

Decided on : Jan-08-2003

i.a. ansari, j.1. can a candidate, who in a competitive examination or interview held by an educational institute to select a member of teaching staff, stands lower, in order, in the merit list, be arbitrarily refused to be given appointment if the person or persons, whose name figured higher in the merit list, decline to accept offer of appointment can the principles of 'approbate or reprobate' be applied against statutory rights or constitutional remedies what is the period of validity of a reject list prepared in respect of the posts of lecturer of government aided colleges in assam and at what point, or time, validity of such a list commences these are some significant questions, which the present writ petition has raised.2. the case of the petitioner may, in brief, be stated as follows :the petitioner is an educated unemployed youth. he passed hslc examination in the year 1990 and was placed under first division. he passed the hsslc examination in science stream in the year 1992 and was placed under second division. he passed b.sc. examination with major in botany from gauhati university by obtaining 1st class and was placed first in the order of merit. thereafter, the petitioner obtained his m.sc. degree in botany from gauhati university in 1997-98 and was placed in 1st class. the petitioner, being from kuch rajbongshi community, belongs to the category of other backward class. by the office order, dated 2.11.1998 (annexure 4 to the writ petition) issued by the .....

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Feb 17 2003 (HC)

Bishnu Halder Vs. State of Assam

Court : Guwahati

Decided on : Feb-17-2003

d. biswas, j. 1. this petition under articles 226/227 of the constitution has been directed against the judgment dated 28.6.2002 passed by the district consumer disputes redressal forum, kamrup, guwahati in cp case no. 70 of 2001. the district forum by the impugned judgment has directed the petitioner to pay rs. 15,000/- as compensation, rs. 9,000/- as material cost of the consignment, rs. 378/- as freight charge and rs. 500/- as cost to the complainant-respondent within 45 days. being aggrieved thereby, the petitioner has filed this petition. 2. right at the stage of motion hearing, the question came up for consideration as to whether a writ petition against the final orders of the district forum would be maintainable in view of the provisions of appeal under section 17 of the consumer protection act, 1986. dr. bhattacharya, learned counsel submitted that there is no provision in the act enabling the state commission, the appellate authority, to pass any order of stay and, therefore, the petitioner having no alternative has approached this court to vindicate his grievance. 3. to answer the above question, it is considered expedient to quote the provisionsembodied in sections 15 and 17 hereinbelow : '15. appeal--any person aggrieved by an order made by the district forum may prefer an appeal against such order to the state commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed : provided that the state commission .....

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Feb 17 2003 (HC)

Dutta Barua and Co. and anr. Vs. Assam Financial Corporation and ors.

Court : Guwahati

Decided on : Feb-17-2003

d. biswas, j. 1. the petitioner no. 1 m/s. dutta baura and company is a partnership firm. the petitioner no. 2 is the managing director and sree guru press is a unit therefore. in order to modernize and upgrade the press, the petitioners approached the assam financial corporation for financial assistance. against a sum of rs. 11,75 lakhs sanctioned, the petitioners were paid rs. 9,37,151.41 only. because of delay in the disbursement and inadequacy thereof, the petitioner could not purchase all the machineries required for the upgrading the press. the entire project, therefore, remained a non-starter. even then, the petitioners repaid rs. 6,91,113.32 out of which rs. 7,21,936.80 was adjusted against interest and rs. 2,39,171.52 against principal. in the month of june, 1999, the afc served a copy of the notice under section 29 of the act of 1951 for taking over the management reserving right to transfer the mortgaged property by way of sale of lease. 2. the petitioner challenged the aforesaid notice in wp (c) no. 3180 of 1999. the court while issuing rule by the order dated 28.6.1999 directed the petitioners to pay 50 per cent of the outstanding amount. the amount could not be paid because of death of munindra narayan dutta, the managing director of the firm. eventually, the corporation took over the possession of the premises on 9.2.2000 and published notice of sale by public auction in the local daily 'agradoot', in its edition dated 27th april, 2000 inviting quotations. the .....

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Feb 21 2003 (HC)

Maneswar Barman Vs. State of Assam and ors.

Court : Guwahati

Decided on : Feb-21-2003

a.h. saikia, j. 1. admittedly the writ petitioner has been working as principal and ex-officio secretary as well of the governing body (for short 'gb') of the digboi college since 27.10.1997 as normally the principal of the college has to act as ex-officio secretary of the 'gb' as per law. on 7.10.2002 the respondent no. 2, the director higher education, assam being the competent authority and empowered by rule 3 of the assam non-government college management rules, 2001 (as amended) (for short, the 'rules') constituted the. 'gb' of the said college as follows -no. g.(b)/13/2001/24 dated kahilipara the 7.10.2002orderin exercise of the power conferred on, vide notification no. b(2)m 294/ 2001/4 dated guwahati the 15th june, 2001 and govt. notification no. b(2)h 294/2000/39 dated 16.10,2001, the undersigned by rule 3 of the assam non-government college management rules, 2001 as amended, the governing body in respect of the dibgoi college, situated in the district of tinsukia, assam and affiliated by the dibrugarh university, is hereby constituted with the following persons as shown with immediate effect for a period of three years :(a) president:- shri b. k. phukan, advocate(b) secretary, ex-officio:- principal of digboi college.(c) vice-principal:- member ex-officio,(d) member nominated by the d.h.e:- shri goluk ch. kakoty,retd. principal(e) member guardian:- sri dimbeswar das,(f) woman member:- mrs. jugo dutta, retd. principal(g) member:- to be nominated by the university.(h .....

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