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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: guwahati Year: 1989 Page 3 of about 27 results (0.383 seconds)

Jul 17 1989 (HC)

Ganakanta Das and ors. Vs. the State of Assam

Court : Guwahati

Decided on : Jul-17-1989

..... made in the said cases, we have been persuaded irresistably to hold that the correct procedure to be followed which would be in conformity with section 145 of the evidence act to contradict the evidence given by the prosecution witnesses at the trial with a statement made by him before the police during the investigation will be ..... thereafter, be relied on by the accused as a contradiction. this is the only correct procedure to be followed, which would be in conformity with section 145 of the evidence act.'5. so the ratio deducible from the above decision for probing a contradiction is that if a witness for the prosecution admits his previous statement before ..... any particular procedure was laid down by the apex court for the purpose of taking out the contradiction during trial.4. reading section 162, cr.p.c., 1973 and section 145 of the evidence act it is clear that a witness can be confronted with his earlier statement made to the investigating officer for bringing out contradictions. .....

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Sep 12 1989 (HC)

Jaswant Singh Vs. Kanika Bala Deka and ors.

Court : Guwahati

Decided on : Sep-12-1989

..... policy also the limit of the liability with regard to third party risk does not become unlimited or higher than the statutory liability fixed under sub-section (2) of section 95 of the motor vehicles act, 1939. learned counsel contends that the extra premium charged on account of the aforesaid count was really to cover the damage to the property of ..... the case. in so far as mr. agarwal is concerned, he has brought to our notice certain decisions which have interpreted the words 'third party' as appearing in the act as well as in the policy. as per the decision in kishori v. chairman, tribal service co-operative society ltd. 1988 acj 636 (mp), 'third party' means all ..... evidence it is contended by mr. agarwal that even if the snapping of drag link had taken place at the time of the accident, if the driver would have acted cautiously and carefully the vehicle could have been stopped by applying brakes. in this connection our attention has been invited to the evidence of the mvi who deposed that .....

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Sep 12 1989 (HC)

Jaswant Singh Vs. Kanika Bala Deka and ors.

Court : Guwahati

Decided on : Sep-12-1989

..... policy also the limit of the liability with regard to third party risk does not become unlimited or higher than the statutory liability fixed under sub-section (2) of section 95 of the motor vehicles act, 1939. learned counsel contends that the extra premium charged on account of the aforesaid court was really lo cover the damage to the properly of ..... of the case. in so far as mr. agarwal is concerned, he has brought to our noiicc certain decisions which have interpreted the words 'third party' as appearing in the act as well as in the policy. as per the decision in kishori v. chairman, tribal service co-operative society ltd. 1988 acj 636 (mp): (1988) 1 acc 300, ..... the above evidence it is contended by mr. agarwal that even if the snapping of drag link had taken place at the time of the accident, if the driver acted cautiously and carefully the vehicle could have been stopped by applying brakes. in this connection our attention has been invited to the evidence of the mvi who deposed that if .....

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Jan 27 1989 (HC)

Jhabarmal Panda Vs. Bhagawati Prasad Kedia

Court : Guwahati

Decided on : Jan-27-1989

..... not consider the fact that the plaintiff was unable to prove his case to obtain a decree as contemplated under any of the clauses enumerated under section 5 of the assam urban areas rent control act, 1972. the learned counsel also submitted that in absence of any finding the court loses its jurisdiction to pass a decree for eviction of the defendant ..... no! maintainable or does not lie under the provisions as contemplated under o.43 of the c.p.c. in 1976, the appeal lies against the ex parte decree under section 96 of the c. p.c. as an appeal against the decree.9. coming to the main submission of mr. barua it is noticed from the impugned judgment that the ..... the aforesaid rule it appears that the above rule contemplates two kinds of cases where a person is already adjudged to be of unsound mind as defined under the lunacy act. that would be the first category of persons of unsound mind whose cases are covered by the provisions of rule 15 of order 32. there may be another category of .....

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Aug 02 1989 (HC)

National Insurance Co. Ltd. and anr. Vs. Union of India (Uoi)

Court : Guwahati

Decided on : Aug-02-1989

..... taken as 23.3.1973, because 60 days' time would also be added to it which is required for giving notice under section 80 of the code of civil procedure. in this connection, mr. sharma has first drawn our attention to averments made in para 3 of the plaint wherein it was specifically ..... .1972 or on 23.3.1973. as the suit was filed on 18.5.1976 it was beyond the period of 3 years visualised by article 10 of the limitation act, 1963 (new) if the cause of action had accrued on 28.12.1972. the suit would, however, be within time if the starting point of the limitation has to be .....

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Apr 10 1989 (TRI)

Bibijan Begum Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Decided on : Apr-10-1989

Reported in : (1990)32ITD157(Gau.)

..... half of what her brother took, the intention of the lady was that each grandchild should take a definite share in the properties. it was held that section 9(3) of the income-tax act, 1922, was applicable and the share of the grandchildren being definite and as cartainable, they could not be assessed as an association of persons.19. thus, from ..... of the property gifted as there has been no actual delivery, there was no valid gift in the eye of mohammedan law. this stand was not accepted as section 3 of the gift-tax act charges a tax in respect of the gift, in that allahabad case, the tribunal held that on a correct appreciation of the mohammedan law there was a ..... that the first party i.e. the lady for the purpose of construction shall borrow money from any source and take advance securities from the parties, tenants, etc. and such acts would be binding on the other signatories to the deed who would have no objection in finalising terms of the loans etc. it is seen that the bank loan of .....

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Mar 08 1989 (HC)

The New India Assurance Co. Ltd. Vs. Satyanath Hazarika and ors.

Court : Guwahati

Decided on : Mar-08-1989

..... used for the carriage of passengers for hire or reward and includes a motor cab, contract carriage and stage carriage. the expression 'motor cab' has been defined in section 2(15) of the act to mean any vehicle constructed, adapted, or used to carry not more than 6 passengers excluding the driver for hire or reward. this being the position, we. ..... on this score do not mean that the limit of the liability with regard to third party risks become unlimited or higher than the statutory limit fixed under section 95(2) of the act. for this purpose a specific agreement has to be arrived at between the owner and the insurance company and separate premium has to be paid on the ..... assurance co. v. ramesh kalit ma (f) 33/87 disposed of on 29-7-88, wherein the learned single judge held that the provision contained in section 92-a of the act has retrospective effect inasmuch as the same is a social beneficial piece of legislation made with a view to protect the general public from the grave risk which .....

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