Court : Guwahati
..... anr. : air2006sc269 ; delhi development authority and anr. v. uee electrical engineering (p) ltd. and anr. : air2004sc2100 , sarjuga transport service v. state transport appellate tribunal, up gwalior and ors. : [1987]1scr200 to buttress his point that the powers of judicial review should be exercised sparingly and only in case of substantial illegality, irrationality or ..... such appointment.(2) every such appointment shall be filed in court and shall, for the purpose of sub-rule (1), be deemed to be in force until determined with the leave of the court, or until the client or the pleader dies, or until all proceedings in the suit ended so far ..... ; *** *** ***(2) *** *** ***(3) *** *** ***7. the learned counsel for the petitioners also submitted that the counsel engaged by the probate petitioner/respondent had acted within his powers and as such, the probate petitioner ought to have been estopped by the trial court from getting the suit restored on an unsubstantiated plea that the counsel .....
Tag this Judgment!Court : Guwahati
..... bhuyan, an order made under section 263 is an appealable order and the appeal lies under section 253(1)(c) of the income-tax act to the appellate tribunal. when there is an alternative remedy available to the petitioners, the petitioners cannot be permitted to sustain their challenge to the impugned order by taking ..... mr. bhuyan's contention that dropping of the rectification proceeding did not mean that there was no mistake or error in making the assessment order has no force, for, when the rectification proceeding is dropped after receiving reply from an assessee, the logical conclusion would be, unless shown otherwise that there was no ..... . the commissioner in exercise of his revisional powers cannot arrogate to himself a status to surrogate the other authorities and supplant their roles under the act. the commissioner is not a substitute for the other statutorily prescribed fora with codified functions dischargeable in terms of the prescribed procedure in the situations comprehended .....
Tag this Judgment!Court : Guwahati
..... of a person by negligence or default of the driver, the victim can either make claim for compensation against the owner of a vehicle in a claims tribunal, constituted under the m.v. act, 1988, or he may institute a civil suit seeking damages against the state government and, in an appropriate case, he may even make an application ..... agreement of hypothecation, the state government cannot be regarded as owner of the vehicle under section 2(30) of the m.v. act, 1988, and no claim for compensation can be lodged with a claims tribunal, constituted under section 165, against the state government in such a case and no award can be passed against the state government under ..... . for instance, when a person is killed not by negligence or default, but intentionally and the death becomes homicidal, a claims tribunal, constituted under the m.v. act, 1988, cannot grant compensation to the legal representatives of the deceased merely on the ground that the deceased was killed by use of a motor vehicle in .....
Tag this Judgment!Court : Guwahati
..... and mr. somik deb, learned counsel for the claimant respondent.3. the claimant filed the claim petition under section 166 of the motor vehicles act, 1988, before the motor accident claims tribunal, agartala registered as ts (mac) no. 228/2002 praying for compensation amounting to rs. 35,00,000.00 for the injuries sustained by ..... passenger carrying vehicle and, as such, the appellant insurance company could not have been saddled with the liability to indemnify the award so passed. the learned tribunal after hearing the parties rejected the said review petition holding, inter alia, there is no necessity of reviewing the earlier judgment and award by modifying or altering ..... appeal was filed and accordingly, the writ petition was closed as infructuous. the learned counsel for the respondent referring to order 47, rule 7, cpc, and being armed with the ratio of the decision in the case of shanker motiram nale v. shiolalsing gannusing rajput (supra) and rekha mukyharjee v. ashis kumar das and ors. .....
Tag this Judgment!Court : Guwahati
..... chose to get compensation under different law and before a different forum. to say it differently, if any claimant files an application under section 163a before the tribunal constituted under mv act, in that situation, the defendants, like owner/insurer of the vehicle, shall be debarred from taking a plea that the claimants cannot get higher amount than ..... was paid by the government voluntarily and without any claim from the victim's family. this apart, in the cited case, no stance was taken in the tribunal regarding deduction of the amount of ex gratia payment, whereas in the case before me a specific plea was raised in this regard. virtually this is the main ..... ready reference:163a. special provisions as to payment of compensation on structured formula basis. - (1) notwithstanding anything contained in this act or in any other law for the time in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death .....
Tag this Judgment!Court : Guwahati
..... and mr. somik deb, learned counsel for the claimant respondent.3. the claimant filed the claim petition under section 166 of the motor vehicles act, 1988, before the motor accident claims tribunal, agartala, registered as ts (mac) no. 28/2002 praying for compensation amounting to rs. 35,00,000.00 for the injuries sustained by ..... passenger carrying vehicle and, as such, the appellant insurance company could not have been saddled with the liability to indemnify the award so passed. the learned tribunal after hearing the parties rejected the said review petition holding, inter alia, there is no necessity of reviewing the earlier judgment and award by modifying or altering ..... appeal was filed and accordingly, the writ petition was closed as infructuous. the learned counsel for the respondent referring to order 47, rule 7, cpc, and being armed with the ratio of the decision in the case of shanker motiram nale v. shiolalsing gannusing rajput (supra) and rekha mukharjee v. ashis kumar das and ors. .....
Tag this Judgment!Court : Guwahati
..... insurance co. ltd. reported in i (1999) acc 497 (sc). another judgment from this court rendered in the case of oriental insurance co. ltd. v. member, motor accidents claims tribunal 2000 (i) t.a.c. 58 (gau.) was also relied upon.7. learned counsel for the respondent no. 1 also submitted that the examination of doctor is not sine qua ..... xxx xxx xxx(2)xxx xxx xxx xxx(3)xxx xxx xxx xxx(4)xxx xxx xxx xxx(5) notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any ..... of any such stipulation in the insurance policy the claimants have the option to approach either a tribunal constituted under m.v. act or the commissioner under w.c. act. in the later case, the liability of the insurance companies is fastened under w.c. act also on the basis of contract with the insured by virtue of issuing insurance policies.12. in .....
Tag this Judgment!Court : Guwahati
..... the basic structure of constitution and cannot be excluded even by constitutional amendment by introducing article 323 a and 323 b and by enacting the statutes 'administrative tribunal act, 1985 (act no. 13 of 1985 by the parliament). para nos. 78,90 and 99 of the scc in l. chandrakumar (supra) are quoted hereunder:78. ..... following four propositions were laid down.(1) certiorari will be issued for correcting errors of jurisdiction;(2) certiorari will also be issued when the court or tribunal acts illegally in the exercise of its undoubted jurisdiction, as when it decides without giving an opportunity to the parties to be heard, or violates the principles ..... even in cases where they question the vires of statutory legislations (except where the legislation which creates the particular tribunal is challenged) by overlooking the jurisdiction of the tribunal concerned. section 5(6) of the act is valid and constitutional and is to be interpreted in the manner we have indicated.29. the apex court .....
Tag this Judgment!Court : Guwahati
..... arrived at.17. in the instant case, the charge leveled against the petitioner was very serious in nature. the petitioner being a member of the disciplined armed force is expected to discharge his duty diligently, honestly and with utmost care and caution. in the given circumstances the disciplinary authority on the basis of the ..... article 311(2) of the constitution of india. in m. adi narayana (supra) the apex court reminding the scope, ambit and jurisdiction of the administrative tribunal in the matter relating to disciplinary proceeding observed that interference with decision of disciplinary authority is not permissible unless findings of the disciplinary authority are found to ..... store, i.e., 243 litres of petrol alongwith the barrel containing the same. the second leg of the charge is that to cover up the dishonest act, they submitted a false information that the barrel containing 200 litres of petrol was swept away by strong current. the petitioner in his written statement stated .....
Tag this Judgment!Court : Guwahati
..... a public place. to make it more explicit, we may point out that when an injury or death occurs due to negligence or default, a claims tribunal, constituted under the mv act, 1988, can determine the question of compensation; but if the person is deliberately killed or injured in a public place, the claim for compensation, arising ..... gradually, undergone in english law. for the purpose of ascertaining as to what meaning the words 'suit' and 'action' carried in english law, when the act of 1855 was brought in force, we have to necessarily look into the evolution of the 'courts of common law' as distinguished from the 'courts of equity' and also the gradual ..... brought before him, this became a new rule of law and was followed by subsequent judges. in later period, this practice crystalized into the concept of the binding force of judicial precedents, for, the judges felt bound to follow previous decisions instead of merely looking to them for guidance. by these means, the 'common law' earned .....
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