Guwahati Court April 2014 Judgments
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Small Industries Development Bank of India (SIDBI) Vs. The North Easte ...
Court: Guwahati
Decided on: Apr-03-2014
(CAV), J. By this application, filed under Order 47 Rule 1 r/w Section 151 CPC, the petitioner has prayed for review of the order, dated 29.04.2013, passed by this Court in MC No. 705/2013, on the ground, amongst others, that the observation that the resolution adopted, pursuant to notification dated 19.02.2013, was given effect by notification, dated 09.04.2013 is a mistake apparent on the face of the record, inasmuch as the resolution, dated 14.03.2013, adopted in pursuance to the notification dated 19.02.2013, was given effect on 14.03.2013 itself. The petitioner i.e. the Small Industries Development Bank of India (SIDBI), a body corporate, as a member of the North Eastern Industrial and Technical Consultancy Organization Lt. (for short, NEITCO) by notification, dated 19.02.2013, called for an Extra-Ordinary General Meeting (EGM) on 14.03.2013 at 11 A.M. at SIDBI Office, Guwahati and accordingly a resolution, removing Sri Arijit Bhattacharjee, from the office of the Director of the ...
Don Ayengia, Assam and Another Vs. The State of Assam and Another
Court: Guwahati
Decided on: Apr-02-2014
(CAV), Agarwal, J. 1. In this case the moot question to be decided is as to whether a person indemnifying the holder of a cheque can be said to have legally enforceable debt or other liability towards the holder of the cheque when the payer defaults in payment of the cheque amount u/s 138 of the Negotiable Instruments Act, 1881. 2. The appeal and revision petition are directed against the judgment dated 09.11.2011, passed by the learned Sessions Judge in Criminal Appeal Nos. 9 of 2010, affirming the judgment of the learned Judicial Magistrate, passed in CR Case No. 270 of 2008 dated 05.01.2010, whereby the accused has been convicted u/s 138 of the NI Act. 3. I have heard Sri AK Bhuyan, learned counsel for the appellant and the respondent/accused was represented by Sri AB Choudhury, learned senior counsel, who was ably assisted by Sri MJ Baruah, learned counsel. Also heard Sri K Munir, Additional Public Prosecutor for the State of Assam.I have also gone through the impugned judgments an...
Union of India Vs. M/s. P.P. Enterprise and Others
Court: Guwahati
Decided on: Apr-01-2014
(Oral). 1. In this batch of appeals under Section 23 of the Railways Act, 1989, the Union of India, represented by General Manager, N.F. Railway, has challenged the final judgment, passed by the learned Railway Claims Tribunal, Guwahati Bench, allowing respective claim applications and directing the appellant to pay compensation to the applicant along with interest from the date of the order till date of actual payment along with cost of the application and legal practitioners fee. 2. All these appeals are based on a set of broad common facts. The claimants booked goods of various types including Onion, Rice etc. for delivery at destination as per the consignment booked. The claimants submitted forwarding notes under Section 64 of the Indian Railways Act, 1989 (hereinafter referred to as the Act) and thereupon Railway Receipts under Section 65 of the Act was issued in each of these cases. After the goods were delivered at destination, according to the claimants, either there was short ...
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