Guwahati Court August 1995 Judgments
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Man Singh Praja Vs. State of Assam
Court: Guwahati
Decided on: Aug-31-1995
S. Baraman Roy, J.1. This appeal is directed against the judgment dated 6-12-91 passed by the learned Sessions Judge, Dibrugarh and Tinsukia, in Sessions Case No. 109 (T)/88 convicting the appellant under Section 302, I.P.C. and sentencing him thereunder to suffer rigorous imprisonment for life and to pay certain amount of fine.2. The case, in short, is that three days after the occurrence on 16-9-87 at or about 12.20 p.m., a complaint was lodged by P.W. 1 Diti Saikia at Makum Police Station alleging that on 13-9-87 at or about 7.30 p.m. the appellant had assaulted the father of the informant, namely, Dilip Saikia (since deceased) severely on the head. Thereafter the injured was taken to Dibrugarh Medical College hospital for treatment and ultimately on 15-9-87 in the afternoon atorabout4p.m. the deceased succumbed to his injury. An explanation was given as to the delay in lodging the FIR stating that as the informant was busy with treatment of the deceased, he could not lodge, the co...
Commissioner of Income-tax Vs. Assam Asbestos Ltd.
Court: Guwahati
Decided on: Aug-28-1995
D.N. Baruah, J. 1. In this application under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), the Department has prayed for a direction to the respondent to submit the statement of the case and to refer the questions of law for the opinion of this court, which the Tribunal refused to do by order dated September 8, 1993, passed in Reference Application No. 345/(Cal) of 1993 in Income-tax Appeal No. 421/(Gauhati) of 1988, relating to the assessment year 1985-86 rejecting the reference application filed by the petitioner under Section 256(1) of the Act by holding that there involved no question of law to refer for the opinion of this court out of the order passed by the Tribunal dated December 4, 1992, in Income-tax Appeal No. 421/(Gauhati) of 1988. For the purpose of determination of this case, the following facts may be stated. 2. The respondent-assessee is a company which filed its return of income on September 25, 1985, for the assessment year 1985-86 showing a loss...
Bafna Brothers Vs. Savani Transport Pvt. Ltd. and anr.
Court: Guwahati
Decided on: Aug-24-1995
A. Deb, J.1. This appeal is directed against the judgment dated 18.8.1986, passed by the learned Additional District Judge, Kamrup, Gauhati, setting aside the judgment and decree dated 16.12.1983, passed by the learned Assistant District Judge No. 1 at Gauhati in Money Suit No. 68 of 1979. The only point on which the learned Additional District Judge has allowed the appeal was that notice under Section 10 of the Carriers Act, 1865, was not served upon the defendants.2. Heard Mr. S.S. Sharma along with Mr. K.K. Bhatra, learned counsel, on behalf of the appellant. None appears for the respondents. I have perused the memo of appeal and judgments of the courts below.3. Mr. Sharma, learned counsel, in course of the argument has drawn my attention to the case U Ba Tin v. U Tun On AIR 1938 Rangoon 437. In the aforesaid decision it has been held that in a suit against persons alleged to be common carriers within the meaning of the Carriers Act, for the loss or injury to goods entrusted to the...
Maj. Shailendra Kumar Pathak Vs. United India Insurance Co. Ltd. and o ...
Court: Guwahati
Decided on: Aug-11-1995
S.L. Saraf, J.1. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and order dated 30.10.1991 passed in the Motor Accident Claim Case No. 28 of 1989. The main ground of challenge is the awarding of very low sum by way of compensation for the injuries suffered by the claimants.2. The facts of the case, in short, are as follows:The claimant and his wife were riding the scooter No. MLK 5830 via Hopkinson Road to Laitumkhrah, Shillong, on 10.3.1989 and the same was knocked down by local taxi No. MLK 3373 coming from opposite direction. Both claimants suffered injuries and the scooter was also damaged. The claimants claimed a sum of Rs. 5,30,000 for the injuries suffered. The learned Tribunal only awarded a sum of Rs. 45,000/-as compensation on account of injury suffered by the claimant No. 1 and a sum of Rs. 25,000/- to the claimant No. 2. No award was made on account of damage suffered by the scooter. However, the Tribunal on consideration of...
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