Appeal by the vehicle owner against an ex-parte MACT award. The court set aside the ex-parte judgment, allowed the appellant one opportunity to file a written statement, and directed the Tribunal to dispose of the claim petition afresh.
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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GAHC010068242022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./338/2022
MD. ALIUL ISLAM S/O NOOR BAKHT SHEIKH,
RESIDENT OF HOUSE NO 15, KUNDIL NAGAR RAJGARH, BHANGAGARH PALTAN BAZAR, DIST KAMRUP R ASSAM 781005 OFFICE ADDRESS
ALIUL ISLAM, MANAGING DIRECTOR, GREEN HARVEST (INDIA) BIO TECH PVT. LTD. MUNNI MARKET, GS ROAD, BHANGAGARH, GUWAHATI 781005,
VERSUS RINA MEDHI W/O DINESH MEDHI, RESIDENT OF VILLAGE BHALUKDUBI, PO BHALUKDUBI, PS AND DIST GOALPARA, ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : MR. DITUL DAS
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 12.06.2024
Heard Mr. B. Chowdhury, learned counsel appearing for the appellant and Mr. D. Das, learned counsel appearing for the respondent.
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The appeal is allowed.
The LCR shall be returned.
JUDGE Comparing Assistant
1 issue framed by the court
Whether the ex-parte judgment against the vehicle owner should be set aside and he be given an opportunity to contest the claim petition.
Md. Aliul Islam
Rina Medhi
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
