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Guwahati Court April 2004 Judgments

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Apr 01 2004

Hajarat Ali Vs. State of Assam

Court: Guwahati

Decided on: Apr-01-2004

A.H. Satkia, J. 1. Heard Mr. SC Biswas learned counsel for the appellant. Also heard Mr. F.H. Laskar, learned P P, Assam. 2. The conviction and sentence of the appellant under Section 366 IPC imposed by the learned Session Judge, Sonitpur at Tezpur by his judgment dated 19.8.95 in Sessions Case No. 135(S)/93 has been challenged in this Criminal Appeals. 3. The facts in brief, as projected by the prosecution, are that P.W. 1, Md. Hafizuddin, lodged an FIR with the Missamari Police Station on 23.6.1993 alleging that his daughter, Ms. Hasina Khatoon, aged about 14 years, was missing since about 8 P.M. of 20.6.1993 when she went to toilet. It was alleged that the appellant kidnapped his daughter with ill motive. On the basis of this FIR, the Police registered a case under Section 366A IPC and took up the investigation. During the course of investigation, the accused was arrested on 4.8.1993 and the victim girl Ms. Hasina Khatoon was recovered on 5.8.1993 from Tezpur Bus Stand. After com...


Apr 01 2004

Sangeeta Das and ors. Vs. Union of India (Uoi) and anr.

Court: Guwahati

Decided on: Apr-01-2004

P.P. Naolekar, C.J.1. The deceased Ranadhir Das met with an accident on 20.9.1995. At the relevant point of time, the deceased was in the profession of Chartered Accountant. The claim petition was filed in the Motor Accident Claims Tribunal, Kamrup, Guwahati by the deceased's wife, son, father and mother. After trial of the proceeding, the Motor Accident Claims Tribunal has assessed the age of the deceased at the time of the accident to be 35 years and his income as Chartered Accountant at Rs. 8,750. After deducting one-third of the amount for the expenses incurred on the deceased himself, the Court reached to the figure at Rs. 70,008 as the amount available yearly for spending towards the dependants. The Tribunal has applied the multiplier of 12 and awarded the compensation of Rs. 8,40,096.00 along with an amount of Rs. 15,000 for loss of consortium and an amount of Rs. 5,000 for meeting the expenses for performing religious rites. The Court directed that the amount of compensation s...


Apr 01 2004

National Insurance Co. Ltd. Vs. Lilu Rani Majumdar and ors.

Court: Guwahati

Decided on: Apr-01-2004

P.P. Naolekar, C.J.1. On 8.11-1997, in an accident one Harilal Mazumdar, husband of the claimant (respondent herein) died on the spot. He was the employee of the owner of the truck at the relevant time. The wife preferred a claim petition before the Commissioner of Workmen's Compensation, Nagaon against the owner of the vehicle and the Insurance Company was also made a party to the proceedings. The Commissioner of Workmen's Compensation had held that the accident occurred during, the course of and arisen out of the employment. The deceased was the employee of the owner of the vehicle and at the relevant time, the appellant Insurance Company has insured the truck, which had met with an accident as a result of which the claimant's husband had died. After consideration of the wages and the age of the deceased the Commissioner of Workmen's Compensation has awarded Rs. 1,92,140.00 with interest @ 12% per annum amounting to Rs. 2,38,067.66 as compensation for the death of the husband of the...


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