Guwahati Court August 1999 Judgments
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North Goalpara Motor Workers' Cooperative Society Ltd. Vs. New India A ...
Court: Guwahati
Decided on: Aug-10-1999
D.N. Choudhury, J.1. The issue raised in this petition pertains to claim for compensation against an insurance policy which has been repudiated by the insurance company in the following circumstances:The petitioner is a registered cooperative society which happens to be the owner of a public transport vehicle, registered and numbered as AMG 629. The said vehicle was used by the petitioner for carrying passengers in different routes in the District of Bongaigaon. The vehicle in question was insured with the respondent No. 1, the New India Assurance Co. Ltd., which is also represented by respondent Nos. 2 and 3. Director of Public Grievance, Cabinet Secretariat, New Delhi, has been impleaded as respondent No. 4 and the Branch Manager, SBI, Abhayapuri Branch, has been impleaded as pro forma respondent No. 5. According to the petitioner, the aforesaid vehicle was purchased by the petitioner society on obtaining a loan of Rs. 2,17,000 from the State Bank of India, Abhayapuri Branch, and it...
Konsam Ningol Mikoi Devi and anr. Vs. Kumam Achouba Singh and ors.
Court: Guwahati
Decided on: Aug-06-1999
D.N. Chowdhury, J. 1. This appeal is presented by the plaintiffs/appellants against the judgment and decree dated 29.12.1987, passed by the Additional District, Judge(I), Manipur, in Original Suit No.12 of 1985/15 of 1985, dismissing the suit of the plaintiffs. The title suit mentioned above was instituted by the plaintiffs claiming a declaration that the plaintiffs were the owners of the suit land measuring 16 acres forming the Southern part of patta land under Patta No. 52/207 Ahallup pana corresponding to New Patta No. 52/94 B.T., situated at Kumam Leikai, Moirang Village; the plaintiffs also sought for a declaration that the Sale Deed dated 11.7.1984 was void and not binding on the plaintiffs; further for declaration of permanent injunction restraining the defendants from entering upon the suit land and from disturbing the peaceful possession of the plaintiffs.The plaintiffs claimed their right, title and interest over the land through late Kumam Jarma Singh, a Manipuri Hindu, the...
Raghu Forwarding Agency and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-03-1999
A.K. Patnaik, J. 1. In this application under Article 226 of the Constitution, the petitioners have sought for a direction on the respondents to refund the punitive charges of Rs. 9,50,114/- recovered from the petitioners for carrying goods in wagons beyond the permissible capacity and for directing the respondents to withdraw the demand of wharfage and demurrage charges and to release the five wagons of coal detained by the respondents for the purpose of realizing the said demurrage and wharfage charges. 2. The facts briefly are that the petitioner No. 1 registered an indent for a rake for despatch of coal from Jogighopa Railway Station. Pursuant to such registration of indent, a rake was placed and the petitioner No. 1 loaded Nangal Dry Coal in 35 wagons on 26-1-97. Since no weigh-bridge was available at Jogighopa Railway Station, the coal was loaded in the said wagons without weighment and a certificate dated 26-1-97 was issued by the Railway-authorities of Jogighopa Railway Stati...
Smt. Nridhaniya Devi Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Aug-03-1999
1. This appeal has been filed by the appellant against the judgment of the Railway Claims Tribunal dismissing the claim application of the appellant. 2. The appellant who happens to be the mother of the deceased Bideshi Mahato filed an application for grant of compensation forthe death of her son. The claim application has been dismissed primarily on the ground that the deceased died in a bus accident and not railway accident. Various provisions of the Railways Act 1989 hereinafter referred to as (The Act) have been referred to. It appears that the Tribunal thought that if there is a collision between the two trains or there is a derailment, a passenger was entitled to a compensation in that situation only and not under any other circumstances. It has also been found that the deceased was not a bona fide passenger inasmuch as no ticket number was mentioned in the application and the same was not produced in evidence. 3. Some of the fads have not been disputed before us during the cou...
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