Guwahati Court June 2008 Judgments
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Lalmohan Das Vs. Samiran Das and ors.
Court: Guwahati
Decided on: Jun-02-2008
Amitava Roy, J.1. This petition under Section 115 of the Civil Procedure Code (hereafter referred to as the Code) read with Article 227 of the Constitution of India witnesses a challenge to the judgment and order dated 10.1.2008 passed by the learned District Judge, Hailakandi in Miscellaneous Appeal No. 4/2007 preferred against the order dated 29.1.2007 passed by the learned Civil Judge, Sr. Division, Hailakandi in Title Execution Case No. 20/2006 dismissing the application filed by the revision petitioner under Order-XXI, Rules 97 and 101 read with Section 151 of the Code. The learned Executing Court as well as the Appellate Court having decided against the revision petitioner, the revisional jurisdiction of this Court is sought to be revoked for redress.2. I have heard Mr. I.H. Laskar, learned Counsel for the petitioner and Mr. Dhar, learned Counsel for the respondent No. 7 who has entered through a caveat.3. Caveat stands discharged.4. Shortly put, the facts necessary for the disp...
Union of India (Uoi) Vs. Harinagar Sugar Mills Limited
Court: Guwahati
Decided on: Jun-02-2008
B.P. Katakey, J.1. The respondent in MFA No. 54/2007 filed an application being Application No. 88/20004 against the Railway Administration for refund of freight over charge amounting to Rs. 3,54,236/- with interest contending that the goods booked vide different railway receipts were not delivered in the destination station but was delivered at a station much before the destination station though they collected the freight up to the destination station as well as the demurrage charged. The respondents in MFA No. 89/2007 approached the learned Tribunal in Application No. 149/2005 claiming compensation for short delivery of the consignment at the destination station as well as challenging the penalty imposed for the excess weight detected in enroute weighment. In both the cases the railway contested the claim. In the reply filed in Application No. 88/04, it has been contended by the railway that as the goods reached the destination station JTTN before effecting the interception/diversi...
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