Back
H. S. THANGKHIEW
Deipormi Dkhar – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
H.S. Thangkhiew, J. - The petitioner by way of this third writ petition is before this Court assailing the actions of the respondents in withdrawing the official staff from the weighbridge of the petitioner located at Amsarin, West Jaintia Hills, and for directions to order the respondents to act in accordance with the renewal agreement for the said weighbridge dated 01.06.2022, and also for compliance of the order dated 16.01.2024, passed by the respondent No. 3.
2. The background facts are that the petitioner was settled with a lease of a weighbridge at Amsarin, vide lease agreement dated 07.12.2017, for a period of 3(three) years in accordance with the provisions of Rule 7 of the Meghalaya Installation, Regulation, Maintenance Operation of Weighbridge Rules 2009, and the said period was to expire on 06.12.2020. The said agreement by letter dated 10.12.2020, was renewed till the period ending 31.12.2020, on the same terms and conditions, and it is the case of the writ petitioner that they had diligently paid all the installments due as payable, and had also applied for renewal of the lease which however, apart from the letter dated 10.12.2020, no further response was recei
A lease agreement for a weighbridge must comply with statutory requirements, including proper authorization, to be enforceable.
A licensee cannot claim automatic renewal of a license without obtaining necessary permissions as required by applicable regulations.
The main legal point established in the judgment is that the weighment process and the demand for punitive charges by the railway authorities must adhere to the provisions of The Railways Act, 1989, ....
The weighment done at the enroute station was in accordance with the rules and provisions of the Railway Act. The weighment done by the 2nd respondent was not binding on the Indian Railways.
The court affirmed the authority's discretionary power to deny renewal of a mining lease based on lessee's violations under the Granite Conservation and Development Rules, emphasizing lawful discreti....
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
