THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP 17 of 2017

Size: px
Start display at page:

Download "THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP 17 of 2017"

Transcription

1 THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) 1. KANHAIYA LAL KANKANI CRP 17 of SMT. RAJ KUMARI KANKANI..Petitioners -Versus- 1. AMBIKA SUPPLY AND SERVICES PVT. LTD. 2. SRI MANDIP KUMAR JALAN..Respondents BEFORE HON BLE MR. JUSTICE KALYAN RAI SURANA Advocates for the Petitioners : Mr. O.P. Bhati, Mr. M.K. Jain, : Mr. P.K. Bajaj, Mr. S. Khan, Mr. T.C. Das, : Mr. D. Sarma. Advocates for the Respondents : Mr. S. Chamaria, Mr. M. Phukan, : Mr. S. Chandra, Mr. D. Sharma. : Date of hearing : , Date of judgment and order : JUDGMENT AND ORDER (CAV) Heard Mr. O.P. Bhati, the learned counsel for the petitioners as well as Mr. S. Chamaria, the learned counsel for the respondents. 2) By filing this application under section 115 of the Civil Procedure Code read with Article 227 of the Constitution of India, the petitioners have questioned the legality and validity of (i) the order dated passed by the learned Munsiff No.2, Kamrup (Metropolitan), Guwahati, in Misc.(J) Case No. 234/2016, in T.S. No.53/2016 as well as (ii) the consequential order dated passed by the learned Munsiff No.2, Kamrup (Metropolitan), Guwahati, in T.S. No.53/2016. By the said orders, the plaint of the petitioners/ plaintiffs was CRP 17/2017 Page 1 of 8

2 rejected under the provisions of Order VII Rule 11(d) of the Civil Procedure Code. 3) The case of the parties, relevant for the purpose of this revision is that the petitioners had purchased a residential flat together with a car parking space in an apartment building promoted/built by the respondents. An agreement for sale for the same was executed on and registered as Deed No dated Thereafter, a sale deed for the said flat was executed and registered as Deed No dated However, the petitioners took possession of the flat without the parking space. On verbal protest for not giving the parking space, the respondents by a letter dated , allotted a temporary parking space to the petitioners from to Thereafter, vide letter dated , the respondents officially handed over the possession of the said flat and parking space. Thereafter, the petitioners had instituted T.S. No. 53/2016, inter-alia, praying for a decree directing the respondents/ defendants to allot proper parking space as per GMDA (Guwahati Metropolitan Development Authority) approved plan. The said suit was made over for trial to the Court of learned Munsiff No.2, Kamrup (Metropolitan), Guwahati (hereinafter referred to as the Trial Court for short). 4) The respondents/ defendants contested the suit by filing written statement and they also filed a separate application under the provisions of Order VII Rule 11 of the Civil Procedure Code for rejection of the plaint, which was registered as Misc.(J) Case No. 234/2016. In the said application, it was inter-alia, projected that the sale deed contained a covenant that various terms narrated in the Deed of Agreement for Sale bearing Deed No dated would squarely be followed up while executing the said Sale Deed No dated On the said basis, it was further projected that the Agreement for Sale as well as Sale Deed are both interconnected to each other and are to be read as a whole. Thus, as the Agreement for Sale contained a clause for settling all disputes through arbitration process, the present suit filed CRP 17/2017 Page 2 of 8

3 by the petitioners/ plaintiffs was liable to be rejected. The petitioners contested the said application by filing their written objection. The learned Trial Court after hearing the learned counsel for the parties, by an order dated passed in Misc. (J) Case No. 234/16, which is hereinafter referred to as the impugned order, by relying on the clause 10.1 arrived at a finding that Hence, in the presence of this clause 10.1 on which both the parties have admitted to refer the dispute to arbitration, the filing of the present suit become barred under Order VII Rule 11(d) of CPC since the matter deals with Arbitration & Conciliation Act, The matter in dispute of this suit would be decided through arbitration. Therefore, the plaint of this suit is liable to be cancelled/ rejected. Consequently, on Misc. (J) Case No. 234/16, being allowed, the suit was also disposed-of. 5) Aggrieved by the order of rejection of the plaint, the petitioners have filed this application. The learned counsel for the petitioners has submitted that the impugned order was without jurisdiction because if at all the court was of the opinion that there was a valid arbitration clause, then by applying the provisions of section 8 of the Arbitration and Conciliation act, the dispute ought to have been referred to arbitration. Moreover, the provisions of Order VII Rule 11(d) would apply only where the suit appears from the statement in the plaint to be barred by any law. In support of his submissions, the learned counsel for the petitioners has read the plaint and has submitted that there is no statement in the plaint from which the suit appeared to be barred by law. It is further submitted that this Court in exercise of extraordinary superintending jurisdiction over the courts below, was only required to test the impugned order in the touchstone of correctness and it ought not to refer the dispute to arbitration as provided in section 8 of the Arbitration & Conciliation Act, 1996 without interpreting the contents of the Agreement for Sale and the Sale Deed. In support of his contentions, the learned Counsel for the petitioners has cited the following cases:- a. State of Gujrat, etc. V. Vakhtsinghji Sursinghji Vaghela & Ors. Etc., AIR 1968 SC 1481; CRP 17/2017 Page 3 of 8

4 b. P. Anand Gajapathi Raju & Ors. V. P.V.G. Raju (Died) & Ors., (2000) 4 SCC 539; c. Vadivellu V. Sundaram & Ors., (2000) 8 SCC 355; d. M/s. Estralla Rubber V. Dass Estate (Pvt.) Ltd., (2001) 8 SCC 97; e. S.B.P. & Co. V. Patel Engineering Ltd. & Anr., (2005) 8 SCC 618; f. N. Radhakrishnan V. Maestro Engineers & Ors., (2010) 1 SCC 72. 6) Per contra, the learned counsel for the respondents has supported the impugned order and submits that there is no illegality in the said order as the respondents/ defendants had the option either to file an application under Order VII Rule 11(d) of the Civil Procedure Code or to file an application under section 8 of the Arbitration & Conciliation Act, Therefore, as the jurisdiction of the learned Trial Court was invoked under the provisions of Order VII Rule 11(d) of the Code, the impugned order was correctly passed by the court having jurisdiction to pass such an order. It is also submitted that the rejection of plaint amounts to the passing of a decree and, as such, the revision in the present form was not maintainable. In order to supplement his argument, the learned Counsel for the respondents has relied on the following cases:- a. Sopan Sukhdeo Sable & Ors. V. Assistant Charity Commissioner & Ors., (2004) 3 SCC 137; b. C. Natajan V. Ashim Bai & Anr., (2007) 14 SCC 183; c. Mangluram Dewangan V. Surendra Singh & Ors., (2011) 12 SCC 773; d. Om Aggarwal V. Haryana Financial Corporation & Ors., (2015) 4 SCC 371; e. Rishabh Chand Jain V. Ginesh Chandra Jain, (2016) 6 SCC 675; f. Nimai Kar V. Bishnupada Saha & Anr., 2010 (5) GLT 384; g. Indian National Trade Union Congress & Ors. V. Hiranya Bora, 2016 (4) GLT ) At the outset it is would be pertinent to mention that the respondents had entered appearance in this case by filing their vakalatnama. Hence, a formal notice of motion was issued by order dated As the respondents had CRP 17/2017 Page 4 of 8

5 filed their affidavit-in- opposition in the matter and, as such, on completion of pleadings and with the consent of the learned counsel for both sides, the matter was heard for disposal at the admission stage itself. 8) This Court, upon hearing the learned counsel for both sides, has also perused the materials available on record as well as the cases cited by them. This Court is of the opinion that the only question which is required to be decided herein are a. Whether the learned trial Court was right in ordering the plaint to be rejected by the impugned orders under the provisions of Order VII Rule 11(d)? b. Whether the correct recourse for the said learned court, in the facts and circumstances of the said case ought to have been to referred the dispute to arbitration under section 8 of the Arbitration & Conciliation Act, 1996? 9) In the said context, none of the cases cited by the learned Counsels for the parties are found to be relevant in the context or to the aforesaid two questions formulated by this Court. Hence, this court has not burdened this judgment with the various paragraphs thereof on which the learned counsels for the parties had relied upon. 10) On the perusal of the plaint, which is annexed to this application, this court could not find any statement from which it could be culled out that the plaint was barred by any law in force. Rather, it was a point of defence taken by the respondents in their written statement that there existed an arbitration clause in their agreement for sale. 11) This court finds that the learned counsel for the respondents is right in submitting that the rejection of plaint amounts to a decree. In this regard, one may refer to the definition of decree as provided in section 2(2) of the Civil Procedure Code, by which decree includes rejection of plaint. Thus, once the CRP 17/2017 Page 5 of 8

6 learned Trial Court has ordered rejection of plaint, it would amount to a decree against the petitioners/plaintiffs in respect of the claim made in the suit, for which the petitioners would be precluded from approaching the appropriate forum for redressal of their dispute through arbitration. This court is of the considered opinion that having rejected the plaint, the further direction of the dispute in the suit would be decided by arbitration is of no relief to the petitioners as the decree which follows from rejection of the plaint would continue to create a legal obstacle for the petitioner to file and/or sustain any subsequent proceedings, including arbitration owing to the well settled legal principles that there cannot be an estoppel against a statute. 12) In light of the above, this court is of the opinion that the learned Trial Court had committed jurisdictional error in passing the impugned order, which has caused failure of justice to the petitioner. The existence of an arbitration clause, if the same is valid, would only entail an order under section 8 of the Arbitration & Conciliation Act, 1996 to refer the dispute to arbitration. The learned counsel for the respondent has not been able to point out any provisions of law in force, which precludes any person from instituting a civil suit because of a mere existence of arbitration clause in the agreement between the parties. The plain reading of the language of the provisions of section 8 of the Arbitration & Conciliation Act, 1996, as held by the Hon ble Supreme Court of India in the case of P. Anand Gajapathi Raju (supra) is that the language of section 8 is preemptory. It is, therefore, obligatory for the Court to refer the parties to arbitration in terms of their agreement. Therefore, the first question is decided in favour of the petitioners. 13) Hence, this is found to be a fit and proper case to exercise jurisdiction under Article 227 of the Constitution of India to set aside and quash the impugned orders, viz., (i) the order dated passed by the learned Munsiff No.2, Kamrup (Metropolitan), Guwahati, in Misc.(J) Case No. 234/2016, in T.S. No.53/2016 as well as (ii) the consequential order dated CRP 17/2017 Page 6 of 8

7 passed by the said learned Court in T.S. No.53/2016. Hence, the T.S. No. 53/2016 is restored to file. 14) In so far as the second question is concerned, it is seen that as per the case of Indian National Trade Union Congress (supra), this court has held that The provisions of section 8(1) of the Act would come into play if and only if an application is made by any of the parties to an arbitral agreement requesting for reference of the dispute to arbitration not later than submitting the first statement on the substance of dispute. Thus, as per the opinion of this court, when there was no application under section 8 of the arbitration & Conciliation Act, 1986 before the learned Trial Court, the said learned Court could not have referred the dispute to arbitration. However, in view of above, this court is of the view that in the present case in hand, the respondents/ defendants had, along with submitting their statement of defence, filed an application under Order VII Rule 11(d) of the Civil Procedure Code, as such, on the restoration of the suit to file, this court deems it expedient for the ends of justice, to allow the respondents/ defendants to file an application under section 8 of the Arbitration & Conciliation Act, 1996, if so advised. In the considered view of this court, the respondents cannot be left remediless for filing an application under Order VII Rule 11(d) and not filing application under section 8 of the said 1996 Act. In this regard and for the ends of justice, it is provided that if the respondents/ defendants file an application under section 8 of the Arbitration & Conciliation Act, 1996 in accordance with the law within a period from 15 (fifteen) days from the date of restoration of the suit to file, the learned Court of Munsiff No.2, Kamrup (Metropolitan), Guwahati, shall entertain the same as if the same is filed not later than filing the first statement of defence and upon hearing the parties thereon, shall decide the matter de-novo without being influenced by this order of by the previous orders impugned herein. 15) This revision is, thus, allowed. The parties are left to bear their own cost. CRP 17/2017 Page 7 of 8

8 16) The parties are directed to appear before the learned Trial Court on without any further notice for appearance in T.S. No. 53/2016. JUDGE Mkumar. CRP 17/2017 Page 8 of 8

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI (CIVIL REVISIONAL JURISDICTION) CRP No. 380 of 2014 M/S Shriram Transport Finance

More information

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP 94 of 2017

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP 94 of 2017 THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP 94 of 2017 ATOWAR RAHMAN KALACHAN SHEIKH & 2 ORS. -Versus-..Petitioner..Respondents BEFORE HON BLE MR. JUSTICE

More information

CRP No. 216/2014 VERSUS. Mahendra Kumar Choukhany & Ors. CRP No. 220/2014 VERSUS. Bajrang Tea manufacturing Co. [P] Ltd.

CRP No. 216/2014 VERSUS. Mahendra Kumar Choukhany & Ors. CRP No. 220/2014 VERSUS. Bajrang Tea manufacturing Co. [P] Ltd. IN THE GAUHATI HIGH COURT (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) The Federal Bank Ltd. Petitioner VERSUS Mahendra Kumar Choukhany & Ors. Respondents CRP No. 220/2014 The Federal

More information

CRP 210 of Versus BEFORE HON BLE MR. JUSTICE KALYAN RAI SURANA JUDGMENT AND ORDER (ORAL)

CRP 210 of Versus BEFORE HON BLE MR. JUSTICE KALYAN RAI SURANA JUDGMENT AND ORDER (ORAL) THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Musstt. Saheda Begum Gopal Shah Versus Petitioners Respondents BEFORE HON BLE MR. JUSTICE KALYAN RAI SURANA For

More information

IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Small Industries Development Bank of India ( SIDBI)

IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Small Industries Development Bank of India ( SIDBI) Review Petition No. 73/2013 (Arising out of Misc. Case No. 705/2013 In FAO 6/2013) IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Small Industries Development

More information

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP NO.6 OF 2017

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP NO.6 OF 2017 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP NO.6 OF 2017 1. SMTI. TETERI DEVI, Wife of Late Mohendra Harizon. 2. SHRI RAMANANDA HARIZON, Son of Late Mohendra

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI (CIVIL APPELLATE JURISDICTION) RSA No. 149 of 2006 APPELLANTS: 1. On the death of

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM; NAGALAND; MIZORAM AND ARUNACHAL PRADESH)

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM; NAGALAND; MIZORAM AND ARUNACHAL PRADESH) Page 1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM; NAGALAND; MIZORAM AND ARUNACHAL PRADESH) Writ Petition (C) No. 1961 of 2010 Smt. Padma Rani Mudai Hazarika - Versus - - Petitioner Union of India

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM; NAGALAND; MIZORAM & ARUNACHAL PRADESH) RFA 9/2008 Sri Mrinal Kanti Dey, S/o- Shri Mohit Lal Dey, Resident of Circular Path, Rukmininagar, PO-Assam Sachivalaya,

More information

IN THE GAUHATI HIGH COURT. (The High Court of Assam: Nagaland: Mizoram & Arunachal. Pradesh)

IN THE GAUHATI HIGH COURT. (The High Court of Assam: Nagaland: Mizoram & Arunachal. Pradesh) IN THE GAUHATI HIGH COURT (The High Court of Assam: Nagaland: Mizoram & Arunachal Pradesh) RSA 290 of 2010 1. Nandlal Rajbhore, Son of late Raj Narayan Rajbhore, 2. Smti Madia Rajbhore, 3. Smti Sadiya

More information

CRP No. 369 / S/O Late Ganraram Upadhaya. S/O Late Ganraram Upadhaya

CRP No. 369 / S/O Late Ganraram Upadhaya. S/O Late Ganraram Upadhaya IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Shri Vinit Tibrewala Son of Late Radheshyam tibrewala Main Road, Tezpur Town PO Tezpur Mouza-Mahabhairab Dist-Sonitput,

More information

J U D G M E N T A N D O R D E R (ORAL)

J U D G M E N T A N D O R D E R (ORAL) IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AIZAWL BENCH: AIZAWL Sh. Rev. Thangluaia S/o L.K. Siama(L) Bawngkawn, Aizawl. -Vs- C.R.P. (Art. 227) 12 of 2012

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA: MIZORAM AND ARUNACHAL PRADESH)

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA: MIZORAM AND ARUNACHAL PRADESH) IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA: MIZORAM AND ARUNACHAL PRADESH) Criminal Petition No. 535 of 2011 1. M/S Brahmaputra Iron & Steel Company Pvt.

More information

MAC App.7/2011 United India Insurance Co. Ltd. Versus BEFORE HON BLE MR. JUSTICE KALYAN RAI SURANA

MAC App.7/2011 United India Insurance Co. Ltd. Versus BEFORE HON BLE MR. JUSTICE KALYAN RAI SURANA THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) MAC App.7/2011 United India Insurance Co. Ltd. Md. Nur Mohammad & ors. Versus Appellants Respondents BEFORE HON

More information

JUDGEMENT AND ORDER (CAV)

JUDGEMENT AND ORDER (CAV) IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) RFA 08/2013 1. Manoj Lala, son of Late Mohanlal Lala, R/o. Central Road, Silchar, PO & PS- Silcahr, District-

More information

IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh)

IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh) 1 IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh) Review. Pet. 155/2013 In WP(C) 3838/10 With WP(C) 520/11 1. Sri Ghana Pegu Son of late Gomeswar Pegu Resident

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) C.R.P. NO. 328/2016 Sri Mohini Gohain Baruah & another..petitioner -Vs- Smt. Putali Gohain Baruah & another.respondents

More information

IN THE GAUHATI HIGH COURT. Case No: RSA 21/2007

IN THE GAUHATI HIGH COURT. Case No: RSA 21/2007 IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Case No: Babulal Choudhury and others Appellants -Versus- Ganesh Chandra Bharali and another... Respondents

More information

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) RSA No.

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) RSA No. IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) RSA No. 168/1999 On the death of Sibanath Sarma, the sole appellant his legal heirs

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI (CIVIL REVISIONAL JURISDICTION) CRP No. 329 of 2000 On the death of Rajmangal Dubey

More information

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM AND ARUNACHAL PRADESH)

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM AND ARUNACHAL PRADESH) 1 THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM AND ARUNACHAL PRADESH) Sri Rajesh Jaiswal, S/o Sri Radha Raman Jaiswal, Resident of Thana Back Road, Ward No. 11, New Amolapatty, Golaghat-785621.

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Page No.1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) RSA 6 OF 2003 Rupan Kishan S/O- Lt. Ganesh Kishan, Vill- Potabill, Mouza-Orang, P.O- Shillong Khuti,

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP (C) No of 2015

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP (C) No of 2015 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP (C) No. 2842 of 2015 Md. Sahid Ali, S/o. Late Akbar Ali, R/o. Village- nmerapani Fareshtablak, P.S.- Merapani,

More information

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:1 st December, 2009 M/S ANSAL PROPERTIES & INFRASTRUCTURE. Versus

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:1 st December, 2009 M/S ANSAL PROPERTIES & INFRASTRUCTURE. Versus *IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.807/2008. % Date of decision:1 st December, 2009 M/S ANSAL PROPERTIES & INFRASTRUCTURE LTD & ANR. Petitioner Through: Mr Prem Kumar and Mr Sharad C.

More information

THE GAUHATI HIGH COURT (The High Court of Assam: Nagaland: Mizoram and Arunachal Pradesh) RSA No.55/2004

THE GAUHATI HIGH COURT (The High Court of Assam: Nagaland: Mizoram and Arunachal Pradesh) RSA No.55/2004 THE GAUHATI HIGH COURT (The High Court of Assam: Nagaland: Mizoram and Arunachal Pradesh) RSA No.55/2004 1. Smti Jaya Handique, W/o. Late Dimbeswar Handique, 2. Sri Pradip Handique, 3. Sri Bipul Handique,

More information

M/S. SAIPEM TRIUNE ENGINEERING PVT. LTD. Plaintiff. - versus - INDIAN OIL PETRONAS PVT. LTD.

M/S. SAIPEM TRIUNE ENGINEERING PVT. LTD. Plaintiff. - versus - INDIAN OIL PETRONAS PVT. LTD. IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 Judgment Reserved on: January 07, 2011 Judgment Pronounced on: January 10, 2011 CS(OS) No. 2340/2008 & I.A. No.

More information

IN THE GAUHATI HIGH COURT. Case No: RSA 132/2015

IN THE GAUHATI HIGH COURT. Case No: RSA 132/2015 IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Case No: 1. Md. Alauddin, S/o Late Nazar Ali, 2. Mrs. Phulmati W/o Alauddin Both are resident of- Village:-

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1140/2015 & WP(C) 2945/2015. Sri Vidyut Bikash Bora

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1140/2015 & WP(C) 2945/2015. Sri Vidyut Bikash Bora IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1140/2015 & WP(C) 2945/2015 Sri Vidyut Bikash Bora -Vs-...Petitioner M/s. Indian Oil Corporation Ltd.

More information

WRIT PETITION (C) NO. 233O OF 2006

WRIT PETITION (C) NO. 233O OF 2006 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM; NAGALAND;MIZORAM AND ARUNACHAL PRADESH) WRIT PETITION (C) NO. 233O OF 2006 Sri Kajal Kumar Paul, Son of Late Rajkukar Paul, Resident of Santipara, Saratpalli,

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT ( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH ) WRIT PETITION (C) NO. 2973/2006 Sri Ajit Kumar Kakoti Lecturer, Son of Late Padmadhar Kakoti, Assam Textile

More information

PRADEEP KUMAR MASKARA & ORS. Vs. STATE OF WEST BENGAL & ORS.

PRADEEP KUMAR MASKARA & ORS. Vs. STATE OF WEST BENGAL & ORS. PRADEEP KUMAR MASKARA & ORS. Vs. STATE OF WEST BENGAL & ORS. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NOS.9844-9846 OF 2014 (Arising out of Special Leave Petition

More information

Review Petition No.116/2015 In Arb. Pet. No.17/2013 (D/O). 1. The Gauhati Municipal Corporation. Panbazar, Guwahati.

Review Petition No.116/2015 In Arb. Pet. No.17/2013 (D/O). 1. The Gauhati Municipal Corporation. Panbazar, Guwahati. IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Review Petition No.116/2015 In Arb. Pet. No.17/2013 (D/O). 1. The Gauhati Municipal Corporation Panbazar, Guwahati,

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI (EXTRAORDINARY WRIT JURISDICTION) WP(C) No.2855 of 2010 Ramesh Goswami Writ Petitioner

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1576 of 2013

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1576 of 2013 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1576 of 2013 1. Sri Krishna Deb Nath, S/o. Late Ramani Deb 2. Smti. Maloti Deb Nath,W/o. Sri Krishna Deb

More information

-Versus- THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh) CRP No. 406 of 2007

-Versus- THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh) CRP No. 406 of 2007 THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh) CRP No. 406 of 2007 On death of Joynath Gour, his legal heirs are- 1. Smt. Tara Rani Gour, W/O Late Joynath Gour.

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA(OS) No. 70/2008. Reserved on : December 12th, 2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA(OS) No. 70/2008. Reserved on : December 12th, 2008 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE RFA(OS) No. 70/2008 Reserved on : December 12th, 2008 Date of Decision : December 19th, 2008 Smt. Amarjit Kaur and Ors.... Appellants

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) WP(C) No. 3305 of 2009 Bharati Devi Vs..Petitioner The State of Assam and Ors. Respondents WP(C) No. 2758 of 2009

More information

IN THE GAUHATI HIGH COURT. Case No: RSA 234/2015

IN THE GAUHATI HIGH COURT. Case No: RSA 234/2015 IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Case No: 1. Shri Manik Chakraborty S/o late Bijoy Chakravorty R/o Rangapara Town, Ward No. 4, P.O. Rangapara,

More information

CRP No. 429 of The Ahmed Tea Co. (Pvt.) Ltd., K.N.C.B. Path, Boiragimath, Dibrugarh, Assam, represented by its Director Mrs. Nazrana A. Islam.

CRP No. 429 of The Ahmed Tea Co. (Pvt.) Ltd., K.N.C.B. Path, Boiragimath, Dibrugarh, Assam, represented by its Director Mrs. Nazrana A. Islam. THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh) CRP No. 429 of 2008 The Ahmed Tea Co. (Pvt.) Ltd., K.N.C.B. Path, Boiragimath, Dibrugarh, Assam, represented by its

More information

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP NO.29 OF Petitioners/Defendant Nos.2 to 9.

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP NO.29 OF Petitioners/Defendant Nos.2 to 9. IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) CRP NO.29 OF 2017 1. Sri Nitesh Ghosh, Son of Late Narendra Nath Ghosh. 2. Sri Ashim Saha, Son of Sri Ajit Kr. Saha.

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 12 TH DAY OF NOVEMBER 2014 PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA REGULAR FIRST APPEAL NO.1038 OF

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Co. Pet. 8/2015

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Co. Pet. 8/2015 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Co. Pet. 8/2015 Madhusudan Mandal, Residing at 35E Mahanirban Road, Ground Floor, Post Office- Gariahat, Kolkata-700029,

More information

IN THE GAUHATI HIGH COURT ( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH ) WP(C) No of Versus-

IN THE GAUHATI HIGH COURT ( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH ) WP(C) No of Versus- IN THE GAUHATI HIGH COURT ( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH ) WP(C) No. 5648 of 2009 Sri Swapan Kumar Dey S/o late Jogesh Chandra Dey, R/o Nagadolong, P.O. & P.S. Namrup,

More information

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM AND ARUNACHAL PRADESH)

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM AND ARUNACHAL PRADESH) 1 THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM AND ARUNACHAL PRADESH) WP(C) No. 4022/2016 Sri David Brahma Son of Sri Biraj Brahma Resident of Kahilipara Journalist Colony Dakhin

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012 DESIGN WORKS Through: Mr. Kuldeep Kumar, Adv.... Appellant Versus ICICI BANK LTD... Respondent

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, Date of Judgment :

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, Date of Judgment : IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 Date of Judgment : 16.02.2012 CRP 128/2004 and CM No. 85/2012 M/S R.S. BUILDERS & ENGINEERS LTD. Through Mr. Prabhjit

More information

THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) RSA No.

THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) RSA No. THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) RSA No. 149/2000 1. Musstt. Sufia Khatun, W/O Late Danish Ali. 2. Md. Mintu Sheikh alias

More information

Prasenjit Mandal, J.:

Prasenjit Mandal, J.: CIVIL REVISION Present : The Hon ble Mr. Justice Prasenjit Mandal Judgment on 25.08.2010 C.O. No. 4446 of 2007 Shyam Kishor Sahu Versus Ajit Kumar Das. Points: Evidence- Evidence closed as per the order

More information

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH)

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) RSA No.74 of 2001 On the death of the appellant, Mustt. Anowara Bewa, the following

More information

Sri Raj Kumar Agarwal. -vs- 1. Smti. Anu Singhania, 2. State of Assam.

Sri Raj Kumar Agarwal. -vs- 1. Smti. Anu Singhania, 2. State of Assam. THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) Criminal Appeal 57/2009 Sri Raj Kumar Agarwal -vs- 1. Smti. Anu Singhania, 2. State of Assam. BEFORE HON BLE MR.

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM & ARUNACHAL PRADESH) RFA 27 of M/s Humanoid Laboratories,

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM & ARUNACHAL PRADESH) RFA 27 of M/s Humanoid Laboratories, IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM & ARUNACHAL PRADESH) RFA 27 of 2004 1. M/s Humanoid Laboratories, Represented by its proprietor Shri Bipul Baruah, S/o Shri Bhaben

More information

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:11 th December, Through: Mr Rajat Aneja, Advocate. Versus AND. CM (M)No.

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:11 th December, Through: Mr Rajat Aneja, Advocate. Versus AND. CM (M)No. *IN THE HIGH COURT OF DELHI AT NEW DELHI + CM (M) No.331/2007 % Date of decision:11 th December, 2009 SMT. SAVITRI DEVI. Petitioner Through: Mr Rajat Aneja, Advocate. Versus SMT. GAYATRI DEVI & ORS....

More information

IN THE HIGH COURT OF. (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh) W.P. (C) No.

IN THE HIGH COURT OF. (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh) W.P. (C) No. IN THE HIGH COURT OF (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh) W.P. (C) No. 1343/2012 Shri Sanjib Saikia, S/o. Late Muhiram Saikia R/o. House No. 12,

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2018 RAMESHWAR PRASAD SHRIVASTAVA AND ORS.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2018 RAMESHWAR PRASAD SHRIVASTAVA AND ORS. 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5802 OF 2018 RAMESHWAR PRASAD SHRIVASTAVA AND ORS. Appellants VERSUS DWARKADHIS PROJECTS PVT. LTD. AND ORS.... Respondents

More information

THE HON BLE MR. JUSTICE B.K. SHARMA

THE HON BLE MR. JUSTICE B.K. SHARMA IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA AND ARUNACHAL PRADESH) W.P(C) 4494/2004 NLK-204 Anuj Sonowal Son of Late Jadunath Sonowal C/o Sri Ratul Das, Vill-Khajuabeel,

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE FAO.No.301/2010 Reserved on: Decided on:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE FAO.No.301/2010 Reserved on: Decided on: IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE FAO.No.301/2010 Reserved on:09.02.2011 Decided on: 18.02.2011 WOLLAQUE VENTILATION & CONDITIONING PVT LTD. Appellant Through: Mr.

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM; NAGALAND; MIZORAM AND ARUNACHAL PRADESH) Petitioners : WP(C) No.3049 of 2006 1. M/s. Bogidhola Tea and Trading Co. Pvt. Ltd. having its registered office

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE AJIT J GUNJAL. WRIT PETITION Nos /2010 (GM-RES),

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE AJIT J GUNJAL. WRIT PETITION Nos /2010 (GM-RES), 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED: THIS THE 27 th DAY OF JUNE, 2012 BEFORE THE HON BLE MR. JUSTICE AJIT J GUNJAL WRIT PETITION Nos. 38220-221/2010 (GM-RES), BETWEEN: WRIT PETITION No.

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM; NAGALAND; MIZORAM & ARUNACHAL PRADESH) I.A. (Civil) 82/2016 In MAC APP SL. NO. 272049, I.A. (C) /2016, CAVT. 410/2016 Cholamandalam MS General Insurance

More information

THE GAUHATI HIGH COURT. RSA No. 106 of Smt. Mailata Talukdar, W/O Lt. Madhab Talukdar.

THE GAUHATI HIGH COURT. RSA No. 106 of Smt. Mailata Talukdar, W/O Lt. Madhab Talukdar. THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram & Arunachal Pradesh) RSA No. 106 of 2003 1. Smt. Mailata Talukdar, W/O Lt. Madhab Talukdar. 2. Sri Amarendra Talukdar, S/O Lt. Madhab

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2014 (arising out of SLP(C)No.3909 of 2012) JACKY.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2014 (arising out of SLP(C)No.3909 of 2012) JACKY. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4453 OF 2014 (arising out of SLP(C)No.3909 of 2012) JACKY. APPELLANT VERSUS TINY @ ANTONY & ORS..RESPONDENTS J UD

More information

IN THE GAUHATI HIGH COURT. (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) M.F.A. No. 51 of 2014

IN THE GAUHATI HIGH COURT. (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) M.F.A. No. 51 of 2014 IN THE GAUHATI HIGH COURT (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) M.F.A. No. 51 of 2014 1. M/S Jain and Associates registered Office at 9, Old Court, House Street, Kolkata- 700001.

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP (C) No of 2013

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP (C) No of 2013 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP (C) No. 5343 of 2013 Muncher Ali, S/o. Latee Hussain Ali @ Hussain @ Hussain Miya @ Hussain Ali Miya, Viollage-

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL Nos OF Surat Singh (Dead).Appellant(s) VERSUS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL Nos OF Surat Singh (Dead).Appellant(s) VERSUS IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL Nos.9118-9119 OF 2010 Surat Singh (Dead).Appellant(s) VERSUS Siri Bhagwan & Ors. Respondent(s) J U D G M E N T Abhay Manohar

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) RSA NO. 156/2005 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) RSA 156/2005 Sri Pramendra Bijoy Roy, S/o Late Ramesh Chandra Roy, Silchar Road (Hailakandi

More information

THE GAUHATI HIGH COURT AT GUWAHATI

THE GAUHATI HIGH COURT AT GUWAHATI THE GAUHATI HIGH COURT AT GUWAHATI (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI WP(C) No. 4088/2014 Sri Dibyajyoti Kaushik, Son of Sri Santanu Baruaha,

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) WRIT APPEAL NO.322 OF 2015

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) WRIT APPEAL NO.322 OF 2015 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) WRIT APPEAL NO.322 OF 2015 1. Koddus Ali @ Kuddus Ali S/O Late Fazar Ali 2. Sofia Khatun @ Sibila Khatun W/O Koddus

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) KOHIMA BENCH

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) KOHIMA BENCH IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) KOHIMA BENCH 1. Mr. N. Asangba, Presently serving as Surveyor Grade-II, PHE Central Store, under the establishment

More information

JUDGMENT AND ORDER (ORAL)

JUDGMENT AND ORDER (ORAL) THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) Test Case No. 01 OF 2003 Smt. Gita Mukherjee Appellant -Versus- Smt. Purnima Mukherjee and another..respondents BEFORE

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION. Judgment pronounced on: I.A. No.4998/2012 in CS(OS) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION. Judgment pronounced on: I.A. No.4998/2012 in CS(OS) No. IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION Judgment pronounced on: 10.04.2012 I.A. No.4998/2012 in CS(OS) No.136/2009 SUGANDHA SETHI...Plaintiff Through: Ms. N.Shoba with Mr.

More information

IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: I.A. No.13124/2011 in CS (OS) No.

IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: I.A. No.13124/2011 in CS (OS) No. IN THE HIGH COURT OF DELHI: NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Judgment pronounced on: 07.03.2012 I.A. No.13124/2011 in CS (OS) No.1674/2011 SURENDRA KUMAR GUPTA Through Mr. J.S. Mann, Adv....

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP (C) NO. 3235 of 2004 Shri Samudra Baishya, S/o. Late Nabin Baishya, Hengrabari, Guwahati-6...Petitioner -Versus-

More information

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: M/S MITSUBISHI CORPORATION INDIA P. LTD Petitioner.

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: M/S MITSUBISHI CORPORATION INDIA P. LTD Petitioner. THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 30.07.2010 + WP (C) 11932/2009 M/S MITSUBISHI CORPORATION INDIA P. LTD Petitioner - versus THE VALUE ADDED TAX OFFICER & ANR... Respondent

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Reserved on: 5th August, Date of decision: 19th September, 2011

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Reserved on: 5th August, Date of decision: 19th September, 2011 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Reserved on: 5th August, 2011 Date of decision: 19th September, 2011 FAO(OS) 502/2009 LT. COL S.D. SURIE Through: -versus-..appellant

More information

1. Writ Petition (C) No.3638 of 2015

1. Writ Petition (C) No.3638 of 2015 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) 1. Writ Petition (C) No.3638 of 2015 1. Bahari Reserve Gaon Min Samabai Samity Limited, Village & PO- Bahari, PS-

More information

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 27, 2015 % Judgment Delivered on: December 01, CM(M) 1155/2015.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 27, 2015 % Judgment Delivered on: December 01, CM(M) 1155/2015. * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 27, 2015 % Judgment Delivered on: December 01, 2015 + CM(M) 1155/2015 PURAN CHAND Through:... Petitioner Mr.Arun Kumar and Mr.Udit

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.11249/2018 [Arising out of SLP (CIVIL) No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.11249/2018 [Arising out of SLP (CIVIL) No. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.11249/2018 [Arising out of SLP (CIVIL) No. 23139 of 2016] South Delhi Municipal Corporation...Appellant Versus SMS

More information

Criminal Revision No.1 of 2016

Criminal Revision No.1 of 2016 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) PRINCIPAL SEAT Criminal Revision No.1 of 2016 Advocates for the Petitioner: Mr. S. Borthakur Mr. P. K. Borah Mr.

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO._1575 OF 2019 (Arising from SLP(C) No.1135/2016)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO._1575 OF 2019 (Arising from SLP(C) No.1135/2016) 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO._1575 OF 2019 (Arising from SLP(C) No.1135/2016) Tanu Ram Bora Appellant Versus Promod Ch. Das (D) through Lrs. &

More information

IN THE GAUHATI HIGH COURT (The High Court of Assam,Nagaland,Meghalaya,Manipur, Tripura,Mizoram and Arunachal Pradesh) MIZORAM BENCH

IN THE GAUHATI HIGH COURT (The High Court of Assam,Nagaland,Meghalaya,Manipur, Tripura,Mizoram and Arunachal Pradesh) MIZORAM BENCH IN THE GAUHATI HIGH COURT (The High Court of Assam,Nagaland,Meghalaya,Manipur, Tripura,Mizoram and Arunachal Pradesh) MIZORAM BENCH Civil Revision Petition No. 10 of 2011 Smti Zadingliani d/o Vanlalhluna

More information

W.P.(C) 6328/2013 & CM No.13822/2013

W.P.(C) 6328/2013 & CM No.13822/2013 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT Judgment reserved on: 24.10.2013/25.10.2013 Date of Decision: 08.11.2013 W.P.(C) 6328/2013 & CM No.13822/2013 M/S STEEL

More information

RFA. No. 38/ Versus- PRESENT HON BLE MR. JUSTICE N. CHAUDHURY. : Mr. GN SAhewalla, Sr.Adv.Ms. J Barua Adv. Adv. RFA No.18 of 2008 Page 1 of 13

RFA. No. 38/ Versus- PRESENT HON BLE MR. JUSTICE N. CHAUDHURY. : Mr. GN SAhewalla, Sr.Adv.Ms. J Barua Adv. Adv. RFA No.18 of 2008 Page 1 of 13 Smti Tanuja Baruah Prof.of M/S Borsons Asia Borbheta Bongali Gaon PO Monkholi PS Bordubi Dist-Tinsukia, IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) RFA.

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) M.F. A. NO. 90/2005

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) M.F. A. NO. 90/2005 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) M.F. A. NO. 90/2005 United India Insurance Company Ltd.. Sri Shital Das -Vs- Petitioner Respondent For the petitioner:

More information

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI REHABILITATION MINISTRY EMPLOYEES CO-OPERATIVE. versus

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI REHABILITATION MINISTRY EMPLOYEES CO-OPERATIVE. versus $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8444/2011 Date of Decision: 29 th September, 2015 REHABILITATION MINISTRY EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY... Petitioner Through Mr.

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE LPA 776 OF 2012, CMs No. 19869/2012 (stay), 19870/2012 (additional documents), 19871/2012 (delay) Judgment Delivered on 29.11.2012

More information

THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) RSA No.

THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) RSA No. THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) RSA No. 172/2000 Smt. Ranamaya Chetri, W/O late Chandra Bahadur Chetri, resident of

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 ARB.P. 63/2012 Date of Decision : December 06, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 ARB.P. 63/2012 Date of Decision : December 06, 2012 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 ARB.P. 63/2012 Date of Decision : December 06, 2012 M/S RURAL COMMUNICATION & MARKETING PVT LTD... Petitioner Through:

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. CS(OS)No.1307/2006. Date of decision:16th January, 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. CS(OS)No.1307/2006. Date of decision:16th January, 2009 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE CS(OS)No.1307/2006 Date of decision:16th January, 2009 SMT. TARAN JEET KAUR... Through: Plaintiff Mr. Rajeev Awasthi, Advocate

More information

ARBITRATION PETITION NO.32 OF 2015

ARBITRATION PETITION NO.32 OF 2015 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) ARBITRATION PETITION NO.32 OF 2015 Durga Krishna Store Private Limited, a Company incorporated under the Companies

More information

IN THE GAUHATI HIGH COURT. Case No: RSA 80/2006

IN THE GAUHATI HIGH COURT. Case No: RSA 80/2006 IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Case No: 1. Md. Rahmat Ali, S/o Md. Hafizatddin 2. Smti. Nazma Rahman, W/o Md. Rahmat Ali, Both are residents

More information

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 Judgment delivered on:

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 Judgment delivered on: THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 Judgment delivered on: 10.10.2013 OMP 234/2013 NSSL LIMITED...PETITIONER Vs HPCL-MITTAL ENERGY LIMITED & ANR....RESPONDENTS

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL Nos OF 2019 SPECIAL LEAVE PETITION (CIVIL) Nos OF 2015

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL Nos OF 2019 SPECIAL LEAVE PETITION (CIVIL) Nos OF 2015 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.1269-1270 OF 2019 SPECIAL LEAVE PETITION (CIVIL) Nos. 21402-21403 OF 2015 PYARELAL... APPELLANT Versus SHUBHENDRA

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) PRINCIPAL SEAT

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) PRINCIPAL SEAT 1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) PRINCIPAL SEAT RSA No. 94/ 2007 1. Musssamat Amirun Nessa, Wife of Late Safiquir Rahman 2. Hilal Uddin, Son

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT 1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA MIZORAM AND ARUNACHAL PRADESH) Writ Appeal No.201 of 2011. Appellant : Sri Dharma Oja alias Dharma Kanta Oja,

More information

IN THE GAUHATI HIGH COURT

IN THE GAUHATI HIGH COURT IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Crl. Leave Petition 28/2014 Smt. Rekha Bhargava, Wife of Sri Amrit Bhargava, D/o. Sri Satya Narayan Bhargava,

More information

Writ Petition (C) No.1208 of 2011

Writ Petition (C) No.1208 of 2011 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) Writ Petition (C) No.1208 of 2011 Md. Muktar Hussain, Son of Md. Rajab Ali, Resident

More information

CIVIL REVISION PETITION NO. 331/2008

CIVIL REVISION PETITION NO. 331/2008 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) CIVIL REVISION PETITION NO. 331/2008 1. SMTI. PRATIMA RANI DEY, W/O. LATE BABUL DEY, 2. SRI BISWAJIT DEY [MINOR],

More information

IN THE GAUHATI HIGH COURT. Writ Petition (C) No.606 of 2016

IN THE GAUHATI HIGH COURT. Writ Petition (C) No.606 of 2016 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Writ Petition (C) No.606 of 2016 Sri Bhabesh Das Son of Late Dhruba Das Vill Kulhati, No.2 Hidalghurisupa Police

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN EVIDENCE ACT, 1872 C.R.P. 589/1998. Date of Decision: 6th March, 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN EVIDENCE ACT, 1872 C.R.P. 589/1998. Date of Decision: 6th March, 2009 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN EVIDENCE ACT, 1872 C.R.P. 589/1998 Date of Decision: 6th March, 2009 SURINDER KAUR Through: Petitioner Ms. Nandni Sahni, Advocate. versus SARDAR

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No(s) OF 2018 (Arising out of SLP(C)No(s) OF 2016)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No(s) OF 2018 (Arising out of SLP(C)No(s) OF 2016) 1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No(s). 10062-10064 OF 2018 (Arising out of SLP(C)No(s).34745-34747 OF 2016) GOPAL NAGAR COOPERATIVE HOUSE BUILDING

More information