Guwahati Court March 2003 Judgments
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Oswal Traders Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-26-2003
S.K. Kar, J. 1. This is an appeal, preferred under Section 23 of the Railway Claims Tribunal Act, 1987, (in short 'RCT'), arising out of Application No. Misc. 9/98 challenging the order dated 3.11.1998 passed by the learned Railway Claims Tribunal, Guwahati, refusing condonation of delay to admit the claim for hearing on merit. 2. The appellant, M/s. Oswal Traders Kalibari Road, Silchar, submitted that a consignment of 180 bags of rice was booked from Kashipur Rly. Station to Silchar under invoice No. 137/896761 dated 10.7.1993. The consignment was delivered with a short certificate and there was a short delivery of 3552 Kg. of rice and the claimant preferred a claim of Rs. 24864.00 with the Railways for the loss at the rate of Rs. 700.00 per quintal. And a cheque of Rs. 10614.00, dated 16.10.1997 was accepted by the Claimant under protest requesting for remittance of balance amount. 3. The application was filed on 10.2.1998 with a prayer for condonation of delay of about 1 year 7 mo...
Sitaram Sankarlal Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-26-2003
S.K. Kar, J. 1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 challenging the order dated 7.1.1997 passed in Application No. 616/96.2. The appellant M/s. Sitaram Sankarlal of Bongaigaon get a consignment of 594 tins of Mustard Oil booked from Hathras City on N. E. Railway to New Bongaigaon under Invoice No. 1/859305, dated 5.5.1993. There was an abnormal delay in the delivery and the delivery was made along with issuance of short certificate at 272 Kg. of mustard oil. The appellant preferred a claim of Rs. 1,0880.00 for 272 Kg of mustard oil @ Rs. 4000.00 per quintal and the Railways authorities issued a cheque of Rs. 5547.00 which was received by the appellant on protest.3. That there was delay in fling the application before the Tribunal which was presented along with the prayer for condonation of delay. That learned Tribunal refused to condone the delay relying upon different case-laws reported in AIR 1979 SC 1144, AIR 1987 SC 1353 and (1989) 1 GLR 18...
Spm Engineers Ltd. Vs. Guwahati Municipal Corporation
Court: Guwahati
Decided on: Mar-26-2003
R.S.Mongia, C.J. 1. Heard Mr. P.C. Markanda, learned counsel for the applicants and Mr. H. Sarma, learned counsel appearing for the respondent. 2. This order of mine will dispose of Arbitration Petitions Nos. 17/2001, 18/2001 and 19/2001. In Arbitration Petition No. 17/2001, SPM Engineers Ltd. is the applicant, whereas International Construction Ltd., is the applicant in Arbitration Petition No. 18/2001 and Zoom International Services Ltd. is the petitioner in Arbitration Petition No. 19/2001. In all these cases, Guwahati Municipal Corporation (in short, the GMC) is the respondent. 3. In all these cases, agreements were entered into between the parties for carrying out the works regarding the water supply scheme. Both the contracts in Arbitration Petition No. 17/2001 and Arbitration Petition No. 19/2001 contained the following clauses, which are numbered as Clause 26 and Clause 30, respectively. The same are reproduced as under : 'Decision of the Commissioner to be final. - Clause 2...
Cement House Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-26-2003
S.K. Kar, J. 1. The appellant, M/s Cement House, Dibrugarh, has challenged the order dated 30.10.1998 rendered in Application No. 186/98 on the strength of Section 23 of the Railway Claims Tribunal Act, 1987. 2. There was an admitted short delivery of 299 bags of cement booked from Burdwan (E.Rly.) to Dibrugarh under Invoice No. 2/664238 dated 25.2.1996. Appellant claimed a compensation of Rs. 59800.00 @ Rs. 200.00 per bag but was allowed Rs. 45262.00 which.was accepted by appellant under protest and thereafter presented this further claim of Rs. 14538.00 as the balance of the compensation. By the impugned order learned Railway Claims Tribunal (RCT) held that rate of Rs. 125.00 per bag was enough as against the claim of rate of Rs. 200.00 per bag. Hence this appeal. 3. I have heard both sides and perused the relevant materials in the LCR (lower court records) that was called for. The contention of the appellant that rate of Cement was Rs. 169.00 per bag at Dibrugarh was not substa...
Hulash Chand Choraria and ors. Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-26-2003
S.K. Kar, J. 1. This is an appeal under Section 23 of Railway Claims Tribunal Act, 1987 (in short, RCT)' arising out of Application No. 67/91 challenging the order dt. 28-2-97 passed by the learned Railway Claims Tribunal, Guwahati, refusing to condone delay. Interestingly the present appeal also has been filed admittedly after the expiry of a period of 59 days beyond period of limitation and appeal was admitted deferring decision on prayer for the condonation of delay till the hearing of the appeal on merit.2. The appellant, M/s. Hulash Chand Choraria and others of Kalibari Road, Silchar, submitted that a consignment of 90 bags of sugar was booked from Padrauna, (N.E. Rly.) to Silchar under invoice No. 24/ 238490, dated 28-3-1988. The consignment reached at the destination on 14-5-1988 after abnormal delay in damaged condition and 1770 Kg + 223 Kg. of sugar was delivered short. The appellant preferred claim for the loss quantified at Rs. 15644.00 at the rate of Rs. 800.00 per quinta...
ChaIn Sukh JaIn Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-26-2003
S.K. Kar, J. 1. The appellant, Chain Sukh Jain, Proprietor of Cement House, Dibrugarh, has challenged the order dated 11.9.1998 rendered in Application No. 24/998 on the strength of Section 23 of Railway Claims Tribunal Act, 1987.2. There is a short delivery of about 329 bags of Cement booked from Burdwan to Dibrugarh under Invoice No. 3/664239 dated 25.2.1996. Claim for Rs. 65800.00 @ Rs. 200.00 per bag was preferred and Rs. 45572.00 was paid by the respondent. Appellant made a further claim of Rs. 20228.00 as the balance of the compensation to be recovered. It is contended that the market rate at Dibrugarh was Rs. 169.00 per bag at that time but appellant was arbitrarily allowed rate at Rs. 145.00 per bag. Hence this appeal.3. I have heard both sides and perused the materials in LCR that was called for. The contention of appellant about market rate being Rs. 169.00 per bag at Dibrugarh was not substantiated by any evidence to that effect save and except his statement in the applic...
P.K. Das Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-26-2003
S.K. Kar, J. 1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the order dated 23.12.1998 passed by the learned Railway Claims Tribunal (RCT) in Application No. 618/98.2. The appellant Shri P. K. Das, Purna Bhander, New Market, Diphu booked one consignment of 9 bags of tea under PW Bill No. D635829 dated 25.7.1995 from Dibrugarh Town to Diphu. There was an abnormal delay in delivery and out of 9 bags of tea 6 bags were delivered to the consignee. The appellant preferred a claim of Rs. 5301.00 for 93 Kg of tea (3 bags containing 31 Kg each) at the rate of Rs. 57.00 per Kg, but the learned Tribunal dismissed the claim on an erroneous finding that notice was not served on the respondent. Tht it was not a fact that notice was not served. Hence this appeal.3. I have heard both sides and perused the connected case records that was called for and forwarded. On perusal of the case records I find that no copy of notice was filed to prove prima-facie issue...
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 hous...
Hanuman Prasad Sarma Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-26-2003
S.K. Kar, J.1. This appeal, under Section 23 of Railway Claims Tribunal (in short RCT) Act, 1987 against order dated 18-11-98 made by the learned Railway Claims Tribunal in Application No. 106/96.2. The appellant states that 360 bags ofrice were booked from KPV (Kashipur) toSilchar under Invoice No. 135/896759 dated10-7-93. It reached the destination on unusual delay and open delivery was taken.There was shortage of 9777 Kg. of rice and short/damage certificate to that effect was issued by the authority concerned. Appellant preferred a claim for compensation demanding Rs. 68439.00 @ Rs. 700.00 perquintal. A cheque of Rs. 40471.00 was sent to the appellant by Railways and he accepted it under protest reserving his right to further claim and presented such claim for another sum of Rs. 27968.00 later.3. That in deciding the claim learned Railway Claims Tribunal allowed value @ Rs. 450.00 per quintal. That during the relevant period rate of Kamrup Chamber of Commerce was Rs. 580.00 to 620...
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 w...
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