The Gauhati High Court listed a review petition along with its linked appeal case against the date 05.02.2020 and directed remitting it to the court below presided over by Justice S.K. Medhi.
Listed along with Review Petition Sl. No. 9612/2019 on 05.02.2020 against the concerned Court (Hon'ble Justice S.K. Medhi).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010199632012
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 115/2012
1:SANJAY JAIN AND ORS
2: RAJESH JAIN BOTH ARE SONS OF LATE SAGAR MAL JAIN
3: SMTI NIRMALA DEVI JAIN
W/O SHRI SAMPAT LAL JAIN
4: SMTI SUMAN DEVI JAIN
W/O SRI DILIP JAIN R/O P.O. SILCHAR DIST. CACHAR ASSAM.
5: SMTI KUSUM DEVI JAIN WIDOW OF LATE PAWAN JAIN
6: BIPLAV JAIN
S/O LATE PAWAN JAIN
7: SMTI AMRITA JAIN
D/O LATE PAWAN JAIN SR. NOS. 1A 1 B and 1 C ARE THE RESIDENTS OF PALTANBAZAR GUWAHATI-781008 P.S. PALTANBAZAR DIST. KAMRUP METRO ASSAM SR. NOS. 2 TO 4 HEREIN ARE RESIDENTS OF ATHGAON
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GUWAHATI-781008 DIST. KAMRUP METRO ASSAM
VERSUS
1:NOOR MOHAMMAD ALI AND ORS S/O LATE MAFIZUDDIN AHMED, R/O BAMUNBARI, P.O. PACHARIA HAJO, DIST. KAMRUP, ASSAM, OWNER OF BUS NO. AS-25B-9993
2:THE NEW INDIA ASSURANCE CO. LTD. G.S. ROAD ULUBARI GUWAHATI-781007 HAVING ONE OF ITS N.E.R.O. G.S. ROAD BHANGAGARH GUWAHATI-781005 INSURER OF BUS NO. AS-25B-9993 3:THE ORIENTAL INSURANCE CO.LTD. CHRISTIAN BASTI GUWAHATI-781005 HAVING ONE OF ITS REGIONAL OFFICE G.S. ROAD ULUBARI P.O. ULUBARI GUWAHATI-781007 INSURER OF SCOOTER NO. AS-01G-6315 LMLNV
4:MD. HASAN ALI S/O MD. KHUDRA ALI VILL. SURADI P.S. BARMAH DIST. NALBARI ASSAM DRIVER OF THE BUS NO. AS-25B-9993
5:SHYAM RATAN PODDAR S/O LATE HANUMAN PRASAD PODDAR C/O M/S APNA TRUCK FACTORY S.J. ROAD ATHGAON GUWAHATI DIST. KAMRUP METRO ASSAM OWNER OF THE SCOOTER NO. AS-01/G-6315 LML NV
6:SURAJ SINGHANIA S/O CHAND RAM SINGHANIA R/O FANCY BAZAR GUWAHATI-781001
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P.S. PANBAZAR DIST. KAMRUP METRO ASSAM P/AC/O M/S APNA TRUCK FACTORY S.J. ROAD ATHGAON GUWAHATI RIDER OF THE SCOOTER NO. AS-01/G-6315 LML N
Advocate for the Petitioner : MS.P C B NAIR
Advocate for the Respondent : MR.I ALAM
Linked Case : MC 831/2014
1:ORIENTAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER.
VERSUS
1:SANJOY JAIN and ORS S/O LATE SAGAR MAL JAIN
2:RAJESH JAIN S/O LATE SAGAR MAL JAIN
3:SMT. NIRMALA DEVI JAIN W/O SRI SAMPAT LAL JAIN ALL THE ABOVENAMED ARE RESIDENTS OF PALTAN BAZAR GUWAHATI 781008 DIST. KAMRUP ASSAM.
4:SMT. SUMAN DEVI JAIN W/O SRI DILIP JAIN R/O P.O. SILCHAR DIST. CACHAR ASSAM.
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5:SMT. KUSUM DEVI JAIN W/O LATE PAWAN JAIN 6:BIPLAV JAIN S/O LATE PAWAN JAIN 7:SMT. AMRITA JAIN D/O LATE PAWAN JAIN ALL TEH ABOVENAMED ARE RESIDENTS OF ATHGAON GUWAHATI 781008 DIST. KAMRUP ASSAM. 8:MD. NOOR MOHAMMAD ALI S/O LATE MAFIZUDDN AHMED R/O BAMUNBARI P.O.PACHARIA HAJO DIST. KAMRUP ASSAM OWNER OF BUS NO. AS-25B-9993 9:THE NEW INDIA ASSURANCE CO. LTD. REGINAL OFFICE G.S. ROAD GUWAHATI-5 KAMRUP ASSAM REPRESENTED BY ITS CHIEF REGIONAL MANAGER INSURER OF BUS NO. AS-25B-9993
10:MD. HASAN ALI S/O MD. KHUDRA ALI VILL. SURADI P.S. BARMAH DIST. NALBARI ASSAM DRIVER OF BUS NO. AS-25B-9993 11:SHYAM RATAN PODDAR S/O LATE HANUMAN PRASAD PODDAR C/O M/S APNA TRUCK FACTORY S.J. ROAD ATHGAON GUWAHATI-8 DIST. KAMRUP ASSAM OWNER OF SCOOTER NO. AS-01/G-6315
12:SURAJ SINGHANIA S/O CHAND RATAN SINGHANIA R/O FANCY BAZAR
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GUWAHATI 781001 P.S. PANBAZAR DIST. KAMRUP ASSAM RIDER OF SCOOTER NO. AS-01/G-6315 Advocate for the Petitioner : MS.M CHOUDHURY Advocate for the Respondent :
Linked Case : MACApp. 84/2014
1:ORIENTAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER.
VERSUS
1:SANJOY JAIN and ORS S/O LATE SAGAR MAL JAIN
2:RAJESH JAIN S/O LATE SAGAR MAL JAIN
3:SMT. NIRMALA DEVI JAIN W/O SRI SAMPAT LAL JAIN ALL THE ABOVENAMED ARE RESIDENTS OF PALTAN BAZAR GUWAHATI 781008 DIST. KAMRUP ASSAM.
4:SMT. SUMAN DEVI JAIN W/O SRI DILIP JAIN R/O P.O. SILCHAR DIST. CACHAR ASSAM.
5:SMT. KUSUM DEVI JAIN W/O LATE PAWAN JAIN
6:BIPLAV JAIN S/O LATE PAWAN JAIN
7:SMT. AMRITA JAIN
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D/O LATE PAWAN JAIN ALL TEH ABOVENAMED ARE RESIDENTS OF ATHGAON GUWAHATI 781008 DIST. KAMRUP ASSAM. 8:MD. NOOR MOHAMMAD ALI S/O LATE MAFIZUDDN AHMED R/O BAMUNBARI P.O.PACHARIA HAJO DIST. KAMRUP ASSAM OWNER OF BUS NO. AS-25B-9993 9:THE NEW INDIA ASSURANCE CO. LTD. REGINAL OFFICE G.S. ROAD GUWAHATI-5 KAMRUP ASSAM REPRESENTED BY ITS CHIEF REGIONAL MANAGER INSURER OF BUS NO. AS-25B-9993 10:MD. HASAN ALI S/O MD. KHUDRA ALI VILL. SURADI P.S. BARMAH DIST. NALBARI ASSAM DRIVER OF BUS NO. AS-25B-9993 11:SHYAM RATAN PODDAR S/O LATE HANUMAN PRASAD PODDAR C/O M/S APNA TRUCK FACTORY S.J. ROAD ATHGAON GUWAHATI-8 DIST. KAMRUP ASSAM OWNER OF SCOOTER NO. AS-01/G-6315 12:SURAJ SINGHANIA S/O CHAND RATAN SINGHANIA R/O FANCY BAZAR GUWAHATI 781001 P.S. PANBAZAR DIST. KAMRUP ASSAM RIDER OF SCOOTER NO. AS-01/G-6315 Advocate for the Petitioner : MR.D CHAKRABORTY Advocate for the Respondent : MR.G J SHARMAR-11 and 12
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 21-01-2020
Mr. B.K. Jain appears for the appellant. Mr. S. Dutta appears for respondent No. 3 and
Mr. R. Goswami appears for respondent No. 9.
As per the last Order dated 07.01.2020, this case was to be listed alongwith Review Petition Sl. No. 9612/2019. However, the review petition has not been listed today alongwith this case.
Accordingly, list this matter alongwith Review Petition Sl. No. 9612/2019 on 05.02.2020.
The case has to, accordingly, be listed against the concerned Court which passed the order against which the review petition has been filed i.e., before the Hon’ble Justice Mr. S.K. Medhi.
JUDGE
Comparing Assistant
Oriental Insurance Co Ltd and Others
Sanjoy Jain and Others
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
