Guwahati Court July 1986 Judgments
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State of Assam Vs. Ajgar Ali and ors.
Court: Guwahati
Decided on: Jul-24-1986
Singh, J.1. On difference of opinion that arose between two Hon'ble Judges of this Court on prescription of conviction and punishment in the appeal against acquittal, it has been referred to me to express my views and opinion.2. Every country has its own crime complex and dilemma of punishment. Court is broadly concerned with the facts and circumstances of a particular case connected with the particular crime under enquiry. All such facts and circumstances are capable of being proved in accordance with the provisions of the Indian Evidence Act in a trial that regulated by the provisions of Criminal Procedure Code.3. The few necessary facts may be narrated to bring up the legal issue in its real setting. The occurrence relating to this appeal arose a decade back while on 12-11-73 the motor boat 'Omar' started development of engine trouble. The greaser of the boat Azad Ali Akand, P.W. 2 and the Master Chotelal Choudhury, P.W. 1 informed at Dhubri Ghat that the boat was set on fire causi...
Sachindra Prasad Chakravarty and anr. Vs. Ahmed Ali and ors.
Court: Guwahati
Decided on: Jul-18-1986
K.N. Saikia, J. 1. The three defendants, of whom two are appellants before us were sued in Money Suit No. 26/76 by the two plaintiffs-respondents for recovery of Rs. 30,632.25 with 12% interest thereon, being price of timber supplied to them and hire charges of trucks lent to them averring, inter alia, that they had timber business and a truck for hire at Lakhipur; that the three defendants were contractors by occupation and they purchased timber from the plaintiffs and also hired the truck for the purposes of their contract; that on 7-6-1976 the total outstanding due to them amounted to Rs. 48,000/- and the amount received till then was Rs. 17,367.75, and after adjustment the outstanding balance struck amounted to Rs. 30,632.25, which was acknowledged by the defendants putting signature at the foot of the account stated, which was annexed as Annexure-1 to the plaint. The adjustment according to them was done taking into account the different slips for supplying goods, namely, Annexu...
Hindusthan General Insurance Society Ltd. Vs. Zakia Rasul and anr.
Court: Guwahati
Decided on: Jul-08-1986
B.L. Hansarta, J. 1. Respondent No. 1 was injured in an accident which had taken place on September 9, 1971, when she was travelling in an autorickshaw. She claimed an amount of Rs. 97,000 as compensation. The learned member of the Motor Accidents Claims Tribunal, however, awarded a sum of Rs. 25,000 out of which the appellant was ordered to pay a sum of Rs. 10,000 and the balance amount was made payable by the owner of the vehicle. Feeling aggrieved, the insurance company has filed this appeal. 2. At one stage, Shri N. Chakravarty, learned counsel for the appellant, submitted that the liability of the appellant was to the extent of Rs. 5,000 only. This submission was advanced by relying on Section 95(2)(b)(ii)(4) of the Motor Vehicles Act, 1939. This provision has stated that a sum of Rs. 10,000 for each individual passenger can be awarded only when the vehicle is a motor cab. It was submitted by Shri Chakravarty that the limit of Rs. 10,000 did not apply in the present case as an au...
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