Judgment Search Results Home > Cases Phrase: stage carriages act 1861 Court: guwahati Page 1 of about 2,721 results (0.071 seconds)

T. Chubatemsu Kichu and ors. Vs. State of Nagaland and ors.

Court : Guwahati

..... as already indicated hereinabove, since the definitions of 'contract carriage' and 'stage carriage' have, under mv act, 1988, remained substantially the same as in the act of 1939, it follows that the distinction pointed out in roshan lal gautham (supra) still holds the field. ..... turning to 'stage carriage', it may be noted that under section 2(40) of the mv act, 1988, 'stage carriage' means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey. ..... similarly, while the section 2(40) of the mv act, 1988, defines 'stage carriage', it was section 2(29) of the mv act of 1939, which defined 'stage carriage'. ..... while considering the above aspect of the matter, it is also important to bear in mind that as a precursor to the present mv act, 1988, the motor vehicles act, 1939 (in short 'mv act of 1939') too made provisions for 'contract carriage' as well as 'stage carriage'. ..... the scheme of the mv act, 1988, does not prohibit the holder of a 'carriage contract' or of 'stage carriage' contract from allowing passengers to board in their vehicles, who have not bought their tickets through any particular agent or canvasser appointed under section 93. .....

Chandra Mohan Saha and anr. Vs. Union of India (Uoi) and anr.

Court : Guwahati

..... party chooses to give notice to the government or the native state or the railway company, there is nothing in the act to prevent his doing so, the latter alternative may enhance his trouble, but it cannot take away his rights. ..... on the contrary, as i have explained, section 80 has to be read in the light of the definition of 'railway administration' as given in section 3, railways act, and in the case of state-owned railways, it would not be right to hold that a suit against a railway administration would include government, but not 'vice ..... the railways act, for certain purposes, does regard the various railway administrations as definite and separate entities; for instance, in section 77 of the act it is required thai a person shall not be entitled to any compensation for loss, destruction or deterioration of goods to be, carried unless his claim to compensation has been preferred in writing by him or on his behalf to the railway administration within six months from the date of delivery of the goods for carriage by the ..... the only points urged at the appeal stage, for the opposite party were (i) that the suit was liable to be dismissed, as not being in accordance with section 80, indian railways act, and (ii) that the plaintiff had no right to ..... in such cases is inherently defective and the point can be taken at any stage, provided no new facts have to be alleged or proved. ..... show that the objection not having been taken at an early stage, it should be deemed to have been waived. .....

New India Assurance Co. Ltd. Vs. Phelishsa Bakai and ors.

Court : Guwahati

..... .94. before proceeding further, it is pertinent to note that the definitions of the 'goods vehicle', 'public service vehicle', 'stage carriage' and 'transport vehicle', occurring in sections 2(8), 2(25), 2(29) and 2(33) respectively of 1939 act were as under:2 (8) 'goods vehicle' means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers;2 (25) 'public service vehicle' means any motor vehicle used or adapted to be ..... used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage, and stage carriage;2 (29) 'stage carriage' means a motor vehicle carrying or ..... act. the changes effected in 1988 act vis-a-vis the 1939 act as regard to definitions of 'goods vehicle', 'public service vehicle' and 'stage carriage' have also a bearing on the subject inasmuch as the concept of goods carriage carrying passengers or any other person was not .....

The New India Assurance Co. Ltd. Vs. Satyanath Hazarika and ors.

Court : Guwahati

..... the definition of 'public service' as given in section 2(25) of the act means motor vehicles used or adapted to be used for the carriage of passengers for hire or reward and includes a motor cab, contract carriage and stage carriage. ..... on this aspect of the question, their lordships of the supreme court in puspabai referred to section 95 of the act, as amended by act 56 of 1969, and stated that sections 95 (a) and 95 (b) (i) adopted the provisions of the english road traffic act, 1960 and excluded the liability of the insurance company regarding the risk to gratuitous passengers when a contention was advanced that the words 'third party' are wide enough to cover all persons except the ..... it was also stated that in terms of the policy itself the insured was not permitted to use the truck for carriage of passengers so, relying on section 95(1)(b) of the act, the insurer was held to be not liable. ..... ramesh kalit ma (f) 33/87 disposed of on 29-7-88, wherein the learned single judge held that the provision contained in section 92-a of the act has retrospective effect inasmuch as the same is a social beneficial piece of legislation made with a view to protect the general public from the grave risk which they face while on the road. ..... for the purpose at hand, we shall assume that insured is liable to pay compensation for the acts of the driver even where he carries gratuitous passengers and we shall only examine whether in such a contingency the insurer is liable to indemnify the insured.9 .....

New India Assurance Co. Ltd. Vs. Satyanath Hazarika and ors.

Court : Guwahati

..... service' as given in section 2 (25) of the act means motor vehicles used or adapted to be used for the carriage of passengers for hire or reward and includes a motor cab, contract carriage and stage carriage. ..... ramesh kalita(ma (f) 33/87 disposed of on 29-7-88) (reported in 1989 acc cj 607), wherein the learned single judge held that the provision contained in section 92a of the act has retrospective effect inasmuch as the same is a social beneficial piece of legislation made with a view to protect the general public from the grave risk which they face ..... on this aspect of the question theirlordships of the supreme court in pushpabai (air 1977 sc 1735) referred to section 95of the act, as amended by act 56 of 1969, andstated that sections 95(a) and 95(b)(i) adoptedthe provisions of the english road trafficact, 1960 and excluded the liability of theinsurance company ..... for the purpose at hand, we shall assume that insured is liable to pay compensation for the acts of the driver even where he carries gratuitous passengers and we shall only examine whether in such a contingency the insurer is liable to ..... further held that the appeal against the award under section 18 of the land acquisition act, 1894 would be treated as a continuation of the proceedings initiated before the reference court ..... of this decision on the question under examina-,tion, it would be useful to reiterate that under the act an insurer is to indemnify the insured in those cases where he is made liable to pay compensation. .....

New India Assurance Co. Ltd. Vs. Purna Hazarika and ors., Etc.

Court : Guwahati

Reported in : AIR2009Gau84

..... the condition that 'use only for carriage of passengers in accordance with the permits (contract carriage or stage carriage) issued within the meaning of the motor vehicles act, 1988' ..... permission.provided that the person driving holds or had held & has not been disqualified from holding an effective driving licence with all the required endorsements thereon as per the motor vehicles act, 1988 and the rules made thereunder for the time being in force to drive the category of motor vehicles insured hereunder.18. there is no dispute to the proposition of law that ..... by a person who had held and has not been disqualified from holding an effective driving licence with all the required endorsements thereon as per the provisions of the act and the rules made thereunder for the time being in force to drive the category of motor vehicle insured and therefore even assuming that the driver did not have ..... learned member, mact, sibsagar in the motor accident cases registered on the basis of the applications filed by various claimants under section 166 of the mv act, 1988 (in short, the act) for the death of the passengers in a motor accident occurred on 11 -11-1994 involving the motor vehicle bearing registration no. ..... licence on the date of accident, which has been renewed subsequent to the accident and that too in violation of the conditions stipulated in section 15(1) of the act and hence, the insurance company is not liable to reimburse the owner the compensation awarded by the learned tribunal. .....

Union of India (Uoi) and anr. Vs. Shree Bharat Builders and anr.

Court : Guwahati

..... has laid down the law as follows:in view of our discussion on the various points, noted above, our answer to the reference is that apart from a court having jurisdiction to entertain the proceedings under the act within whose jurisdiction the cause of action to sue arises, the court within the local limits of whose jurisdiction the defendant or each of the defendants at the time of the commencement of the suit, actually ..... having been executed in kumbhigram, silchar falling outside shillong and the parties to the contract having their head office at guwahati, also falling outside shillong, the application under section 14 of the arbitration act, 1940 ought to have been filed in any competent court at guwahati and not in shillong. ..... his headquarter in shillong would be a necessary party either in a petition under section 14 of the arbitration act or in a civil suit that may be filed in respect of the subject matter of reference.10. ..... therefore, a combined reading of section 31(1) and section 2(c) of the arbitration act makes it clear that the court before which the suit could have been instituted for the subject matter of reference would ..... hence, the application under section 14 of the arbitration act ought to have been filed in any competent court in guwahati and not in the court of assistant to the ..... 1 filed an application under section 14 of the arbitration act, 1940 in the court of assistant to the deputy commissioner at shillong for filing of the award and for making the award a .....

Anupam Chakraborty Vs. State of Assam

Court : Guwahati

..... on the facts of the case, earlier in the judgment, it was observed that the impugned order was 'presumably'' passed under section 319, whether and how the court shall act in such matters at an earlier stage of the proceeding was not a question agitated before the court and therefore no view thereon was expressed either. ..... do not also consider it to be a fit case in which the extraordinary powers of this court under section 482 can be exercised at this stage which is exercised only when there is a gross failure of justice in any case to prevent the abuse of the process of the court. ..... is that the term 'evidence' which occurs in section 319 refers only to the stage of 'trial' and in this case the trial has not yet begun. ..... sen has drawn my attention to the definition of the term 'evidence' in section 3 of the evidence act and it is his contention that 'documents' alluded to in clause (2) of the said provision should be read as document which are ' ..... the application was allowed without taking any evidence at the stage when the learned sessions judge 'was ready to open the ..... bears emphasis that a plain reading of sub-section (1) of section 319 suggests that it comes into play in any inquiry or trial at the stage when the evidence is being taken or has already been taken. ..... in this connection reference may also be made to section 14 of the general clauses act to establish firmly the position that power under section 204 to issue process can be exercised 'from time to time as occasion .....

Sri Tridib Dutta Choudhury Vs. Sri Pinak Bhattacharjee

Court : Guwahati

..... neither the legislative history of section 296(2) nor any decision on that section can persuade us to hold that under section 145 (2) of the act, on being summoned at the instance of the accused the complainant or any of his witnesses should be first made to depose in examination-in-chief before cross-examination ..... is part of the elaborate procedure of a regular trial under the code while the whole object of section 145(2) of the act is to design a much simpler and swifter trial procedure departing from elaborate and time-consuming trial procedure of the code. ..... learned counsel for the petitioner that a complainant can give his chief evidence in the form of an affidavit only during trial stage and not at the initial stage has to be thoroughly rejected in the light of the objectives of the amendments of the act and the observations of the apex court. ..... moreover, the crucial difference between section 296(2) of the code and section 145 (2) of the act is that the former deals with the evidence of a formal nature whereas under the latter provision, all evidences including substantive evidence may be given ..... i have no hesitation to hold that affidavit evidence can be accepted by the court at any stage of the trial, including at the time of taking cognizance of the complaint. ..... hence, notwithstanding the apparent verbal similarity between section 145(2) of the act and section 296(2) of the code, it would be completely wrong to interpret the true scope and meaning of the one in the light of .....

Samurailatpam Jugeswar Sharma Vs. Krishna Kumar Sharma

Court : Guwahati

..... if after applying mind to the rival contentions the trial court admits a document in evidence, section 36 of the stamp act would come into play and such admission cannot be called in ques-tion at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped.' 8. ..... the law laid down by the supreme court, section 36 is clearly applicable and consequently the order cannot be called in question either by the trial court or any court of superior jurisdiction in appeal or revision in any stage of the same suit or proceeding on the ground that the instrument has not beenj duly stamped. 10. ..... section 36 of the stamp act provides : '36, admission of instrument where not to be questioned -- where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly ..... learned counsel submits, that the bar of section 36 of the stamp act is attracted in this case and this petition is not maintainable. 5 ..... to when the bar of section 36, stamp act, is attracted has new been almost settled. ..... be decided, therefore, is whether this revision petition is barred under section 36 of the stamp act? ..... note, it was not admitted in evidence by an order dated 3-9-1975 with a finding that since the document was a promissory note and insufficiently stamped it could not be cured under the provisions of section 35 of the stamp act. .....