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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MITALI THAKURIA
Power Grid Corporation of India Ltd. – Appellant
Versus
On the Death of Abdul Khalique, His Legal Heirs Nijamuddin Laskar – Respondent
| Table of Content |
|---|
| 1. jurisdiction and factual background of petition. (Para 2 , 3 , 4) |
| 2. arguments on limitation and judgment's validity. (Para 5 , 8 , 10 , 11) |
| 3. court's observations on limitation and case handling. (Para 12 , 13 , 24 , 28) |
| 4. importance of limitation in legal petitions. (Para 14) |
| 5. conclusion to remand case for proper adjudication. (Para 32 , 33 , 34) |
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. M. Sahewalla, learned counsel for the petitioner. Also heard Mr. F.U. Barbhuiya, learned counsel appearing for the respondents.
2. This petition under Article 227 of the Constitution of India is filed by the petitioner namely, M/s. Power Grid Corporation of India Ltd., being aggrieved by the impugned dated Judgment 21.09.2022, passed by the Learned District Judge, Hailakandi in Misc. (P.G.) Case No. 86/2006, in a petition filed by the respondent under Section 10/16 of the Indian Telegraph Act, 1885, read with Section 42/51 of the Indian Electricity Act, 1910 and under Section 23/24 of the Land Acquisition Act, 1894.
3. The brief fact of the present petition is that the petitioner is a Government of India Enterprise formed in t
The court emphasized the necessity of framing the issue of limitation, stating it is fundamental to jurisdiction; failure to assess it leads to a quashed decision.
Compensation claims under the Indian Telegraph Act must be filed within three years of the cause of action, with failure to adhere resulting in dismissal due to limitation.
The widened right of landowners to claim compensation for any damage sustained, not confined to the initial cutting of trees and drawing of lines, and the interpretation of 'compensation' and 'ex gra....
High Court in its discretionary and extraordinary jurisdiction under Article 226 of Constitution of India does not generally enter upon a determination of questions which demand an elaborate examinat....
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