Guwahati Court April 1988 Judgments
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National Transport Vs. Saraswati Nag and anr.
Court: Guwahati
Decided on: Apr-12-1988
B.L. Hansaria, Acting C.J.1. This appeal arises out of an award passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Gauhati, by which the appellant has beea asked to pay a sum of Rs. 21,500/- as compensation to the widow and two daughters of Tusar Kanti who died in an accident which had taken place on 18-8-71 at about 6 PM. The total compensation granted was, however, Rs. 71,500/- out of which a sum of Rs. 50,000/- was made payable by the insurer, and the remaining amount by the appellant. The insurer also preferred an appeal before this Court which was the subject matter of MA(F) 63/78 and was dismissed by this Court on 5-2-88.2. This appeal is by the owner of the vehicle. The only point urged by Shri Banerjee on behalf of the appellant is that the entire amount of Rs. 71,500/- is payable by the insurer. This has been contested by Shri Choudhury appearing for the insurer.3. The insurer has been asked to pay a sum of Rs. 50,000/- only because of the following provisi...
Someswar Gogoi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-12-1988
Hansaria, C.J. (Acting). 1. A point of some importance regarding the practice prevalent in this Court relating to filing of petitions under Article 226 of the Constitution has been raised in this application. The point for determination is whether an Advocate's clerk can swear an affidavit which is required to accompany a writ petition. In view of the importance of the matter, notices were issued to the President and the Secretary of the High Court Bar Association to hear them and other learned members of the Bar who wanted to intervene. Pursuant this notice, the President of the Bar Association, Shri A. R. Barooah, appeared and so too some other members. The President and Secretary of the Advocates' Clerks' Association also intervened and Shri B. K. Das addressed arguments on behalf of the Association. 2. Shri Barooah drew our attention to Rule 804(4) of the Civil Rules & Orders framed by this Court as per which provision a licensed clerk of a pleader or mukhtiar is allowed only ...
National Transport Vs. Smt. Saraswati Nag and anr.
Court: Guwahati
Decided on: Apr-12-1988
Hansaria, Actg, C.J. 1. This appeal arises out of an award passed by the learned Member, Motor Accidents Claims Tribunal, Kamrup, Gauhati, by which the appellant has been asked to pay a sum of Rs. 21,500 as compensation to the widow and two daughters of Tusar Kanti who died in an accident which took place on August 18, 1971, at about 6 p.m. The total compensation granted was, however, Rs. 71,500 out of which a sum of Rs. 50,000 was made payable by the insurer and the remaining amount, by the appellant. The insurer also preferred an appeal before this court which was the subject-matter of MA(F) No. 63 of 1978 and was dismissed by this court on February 5, 1988.2. This appeal is by the owner of the vehicle. The only point urged by Shri Banerjee, on behalf of the appellant, is that the entire amount of Rs. 71,500 is payable by the insurer. This has been contested by Shri Choudhury appearing for the insurer.3. The insurer has been asked to pay a sum of Rs. 50,000 only because of the foll...
Subash Chandra Betala Vs. Dwijen Chandra Kalita
Court: Guwahati
Decided on: Apr-12-1988
S.N. Phukan, J.1. On 4-1-1988 the Opposite Party filed a complaint petition before the learned Judicial Magistrate at Gauhati against the proprietor of M/s. Sweta Auto Agency and 4 other unnamed persons under Section 329/506/34 IPC. In the petition it was inter alia alleged that on 30-12-1987 proprietor of the M/s. Sweta Auto Agency along with 4 other persons demanded the keys of the vehicle No. AMZ-7881 from the Handyman of the vehicle and on his pleading of ignorance about the keys, the above person broke open the box of the vehicle where keys and money were kept and forcibly took away the vehicle. The learned Trial Court by orders dt. 4-1-1988 and 18-1-1988 issued summons under Section 379 I.P.C. against the accused persons and also a search warrant for recovery of the vehicle. Police seized the vehicle and released it in favour of the complainant, Opposite party herein. Being aggrieved, the petitioner who is the owner of the M/s. Sweta Auto Agency has filed the present petition f...
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