Back
THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Krishna Kanta Das S/o Late Dehiram Das – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. delay in filing affects entitlement. (Para 2 , 3 , 4) |
| 2. defense rights impacted by delay. (Para 5) |
| 3. court’s discretion on delay and laches. (Para 6 , 7 , 8) |
| 4. dismissal does not prevent future claims. (Para 9 , 10) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Ms. B. Chowdhury, the learned counsel appearing on behalf of the Petitioner and Mr. I. Borthakur, the learned Standing counsel appearing on behalf of the PHE Department.
2. The Petitioner herein has sought for a direction from this Court thereby directing the Respondents to pay an amount of Rs.5,73,806/- on account of the same being due to the Petitioner for the works completed by the Petitioner.
3. It is relevant to take note of that the Petitioner herein claims the said amount on the basis of various work orders issued to the Petitioner on 05.01.2016, 20.01.2016 and 29.01.2016. It is stated that the works were duly completed by the Petitioner and in that regard have enclosed a Work Completion Certificate of one such work. However the said Completion Certificate is not dated.
4. The materials on record also do not show what steps were taken by the Petitioner for the purpose of realization of the said amount alleged to
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
