Hiren Bauri Vs State Of Assam
.... ocation was sufficient to bring about a loss of self-control in the fact situation. Here again, the court would have to apply the test of a reasonable person in the circumstances. While examining these questions, we should not be short-sighted, and must take into account the whole of the events, ...
Gauhati High Court
New India Assurance Company Limited Vs Dipti Dutta And 2 Ors
.... upon the following two substantial questions of law: i. Whether the learned Commissioner committed wrong in passing an award for ₹6,79,062/- ignoring the policy schedule which shows that monthly wage of an unskilled worker is ₹2,816.60 and accordingly, the liability of the app ...
Gauhati High Court
Basir Uddin Laskar Vs Union Of India And Anr
.... p; signature is below the photo which clearly indicates that the photo has been pasted on the I-Card later. There is no signature of the card holder either on the ticket or on the I-Card as per the standard practice followed in Mumbai Suburban area. The absence of his name and signature has also ...
Gauhati High Court
M/S United India Insurance Co. Ltd Vs Tapan Karmakar And Anr
.... mpensation and if yes, to what extent and by whom amongst the opposite parties, the said compensation amount is payable? 9. The claimant examined himself only. The Insurance Company also examined one witness. 10. On the basis of the evidence on record, the Tribunal allowed the claim p ...
Gauhati High Court
Union Of India And Anr, Vs Rekha Bharali And 4 Ors.
.... with imprisonment which may extent to one year. 17. At this stage, a brief visit to Section 161 of the Railways Act, would be fruitful, it reads as under: “161. Negligently crossing unmanned level crossing.— If any person driving or leading a vehicle is negligent in crossing an ...
Gauhati High Court
Union Of India And Anr. Vs Nima Lama And 3 Ors
.... of 9% per annum. 10. The present appeal has been filed with the plea that the aforesaid amount of ₹2,35,627/- should be deducted from the compensation granted by the Tribunal. 11. Mr. Bhattacharjee has submitted that as per the Notification No. F.No.BRDB/04(224)/2006-GE.II dated ...
Gauhati High Court
Protima Sahu And 3 Ors Vs Divisional Manager Oriental Insurance Co Ltd
.... ced. In spite of that, the Tribunal notionally held the income of the deceased to be ₹7,000/- per month. The Tribunal gave the reasoning that Ext.7 was not proved as because the claimants did not examine the person who issued Ext.7. 11. The learned counsel Mr. Barbhuiya submits that t ...
Gauhati High Court
Abdul Razzak Vs Abdul Haque And 3 Ors.
.... ing court as a question relating to execution, discharge or satisfaction of decree within the meaning of Section 47 CPC. A decree of a competent court should not, as far as practicable, be allowed to be defeated on account of an accidental slip or omission. In the facts and circumstances of the ...
Gauhati High Court
Gopesh Debnath Vs Manabendra Narayan Dhar
.... e, the doctrine of reverse burden introduced by Section 139 of the N.I. Act should be delicately balanced. In conclusion, it has been observed that the presumption mandated by Section 139 of the N.I. Act does indeed include the existence of legally enforceable debt or liability; it is a rebuttabl ...
Gauhati High Court
P. Yeramma Vs Coal India Ltd. Cil And 6 Ors.
.... bmissions of learned counsel for the parties. 11. It is taken note that the Wage Structure and other benefits and the service conditions of the employees are covered by the recommendation of the Central Wage Board for Coal Mining Industry and for that purpose wage agreement executed betwee ...
Gauhati High Court
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