Guwahati Court December 1949 Judgments
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Belumani Nath and anr. Vs. Ramesh Chandra Nath
Court: Guwahati
Decided on: Dec-22-1949
Ram Labhaya, J.1. The petitioners in this case were convicted Under Section 341, Penal Code and sentenced to pay a fine of Es. 20 each, and in default to undergo simple imprisonment for one week. The order of conviction was upheld in appeal.2. The prosecution case was that the jangal (path ail) in front of complainant's bari reached as to and joined the village path to the east of his bari and that this pathway had been in existence since the time of the complainant's grandfather. A part of the pathway, about cubits in length, was on the land of the accused. They included the pathway in their field and grew paddy on it. Plaintiff was thus prevented from using the pathway. This act of the accused according to the complainant amounted to an offence Under Section 341.3. The defence was that the complainant had no right of way over the land of the accused. Five witnesses were examined on behalf of the complainant. The trial was summary. The learned Magistrate states that these witnesses s...
Keho Bam Hazarika Vs. the Government of Assam
Court: Guwahati
Decided on: Dec-21-1949
Ram Labhaya J.1. This is a petition under Section 491, Criminal P.C., from a security prisoner from Nowgong Jail. The order of detention was passed by the Government of Asaam on 3-10-1919 under Sections (1)(a), Assam Maintenance of Public Order Act, 1947, as amended. The order directed that the petitioner shall be detained for a period of six months with effect from 7-10-1949. A copy of the grounds of detention was sent to the petitioner along with the order and he was informed that he was at liberty to make a representation against the order of detention. He was further informed that his representation should reach the Government; not later than 30-10-1949. The grounds of detention were as follows:(a) That you, being an active member of the Students' Federation, Nowgong, under the influence of the G, P. I, have been acting in a manner prejudicial to the public safety and the maintenance of public order.(b) That you have endangered public peace and tranquillity at Nowgong by urging la...
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