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Guwahati Court January 1957 Judgments

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Jan 17 1957

Rohini Kumar Bhattacharjee Vs. the State of Assam and ors.

Court: Guwahati

Decided on: Jan-17-1957

Sarjoo Prosad, C.J. 1. This is an application under Article 226, read with Article 227 of the Constitution of India. The petitioner has prayed for a writ of certiorari quashing the order of the Appellate Transport Authority, refusing, a stage carriage permit to the petitioner and granting the same to the respondent No. 4, Birendra Kumar Deb. He has also prayed that the respondents, including the State of Assam and the Transport Authorities, should be restrained from giving effect to the said order of the Appellate Transport Authority. 2. It appears that the Regional Transport Authority, Cachar, called for applications for the grant of permits in respect of two stage carriages on the Silchar-Hailakandi route in Cachar. The petitioner Rohini Kumar Bhattacharjee, along with, others, including the respondent No. 4, Birendra Kumar Deb, and one Ramcharitra Singh, submitted applications for the grant of permits on that route. After the applications were received, they were made available f...


Jan 16 1957

Milapchand Hiralal Firm Vs. the Union of India (Uoi)

Court: Guwahati

Decided on: Jan-16-1957

Sarjoo Prosad, C.J. 1. This is an appeal arising out of a suit instituted by the plaintiff for recovery of damages on account of delay in delivery of certain goods consigned, and also for compensation of loss of a certain quantity of the goods during transit. The plaintiff happened to be the endorsee of a consignment of 100 bags of sugar weighing 178 maunds and 15 seers, covered by Invoice No. 1, dated 4-11-48, booked at Padrawana Railway Station to be delivered at Nowgong Station, over the then Assam Railway, now the North-Eastern Railway. In the ordinary course, it was expected, as the plaintiff suggests, that the consignment should have reached its place of destination within a fortnight, but due to some irregularities in transport or booking, the consignment did not reach the Nowgong Railway Station until 12-3-49. When the consignment reached its place of destination, the plaintiff produced the Railway Receipt and asked the Station Master to deliver the consignment to him, but th...


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