Court : Guwahati
..... negligence is inferred from the failure to use necessary precautions, which skill, foresight, and experience suggest as being necessary in the circumstances. the duty of a carrier of passengers for hire is to use all the best precautions, which are practicable, for securing safety. 34. the burden of proof in an action for damages for negligence rests ..... to be on the look out for any possible obstruction on the road and to take necessary steps to avoid any such obstruction without causing any injury to the passengers. 16. it was contended by the learned counsel for the respondent no. 1 that there is an obligation on the part of the railway administration to ensure ..... above witnesses saw the running train is not very relevant for the purpose of determining the negligence of the driver. there was no obligation on these, witnesses, as passengers, to keep a look out for other traffic. moreover, their seeing or not seeing the train depended on various factors, such as the position of their seats in .....
Tag this Judgment!Court : Guwahati
..... has the power to acquire land for the purpose of building, maintenance, management and operation of a national highway or part thereof and on such acquisition, the land shall vest absolutely in the central government free from all encumbrances. what is significant to note is that for declaration of national highway, ..... area, the apex court held that in developing and maintaining the highway, which fall within the municipal area, the state government is facilitating the flow of passengers and goods along the national highway. this apart, in the international tourist corporation (supra) the municipality were providing other facilities on the highway, such as ..... , lighting, traffic controlling halting places for busses and trucks, amenities for passengers and it was for this reason that the court held that it cannot be said that the state government conferred no benefit and rendered no services in .....
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