Guwahati Court March 1950 Judgments
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Dhanaram Namasudra and ors. Vs. Kalicharan Namasudra
Court: Guwahati
Decided on: Mar-17-1950
Ram Labhaya, J.1. An order Under Section 137 (3), Criminal P.C. directing removal of an obstruction from a water chancel within 14 days of the order was passed against 8 persons on 30th June 1949, On a petition of revision against this order, the learned Sessions Judge, L. A. D., after Considering the evidence in the case came to the conclusion that question involved was one of fact and that there was no sufficient ground for a reference of the matter to this Court. He rejected the petition therefore.2. Three out of the 8 persons against whom the order was made have come up on revision to this Court.3. The case for the C. P. Kalicharan Nama. Budra, on whose complaint the order in question was passed, was that the petitioners along with others had constructed a bund over a channel which opened up during the rains, in order to catch fish there. It was also stated that this act was likely to lead to a breach of the peace, The petition was sent to the O/C, Hajo Police Station for enquiry ...
Jalim Chand Saraogi Vs. the State
Court: Guwahati
Decided on: Mar-13-1950
Thadani, C.J.1. This is a revision application under the provisions of Section 439, Criminal P.C. directed against an order passed by the Magistrate, First Class, Golaghat, dated 8th October 1948, by which in addition to ordering confication of cloths, yarn and sugar, in respect of which offences Under Section 7 of Act XXIV [34] of 1946 (Central) were committed, he confiscated to Government the truck which was used in the commission of the offence.2. It is contended on behalf of the applicant that the order passed by the learned Magistrate purporting to be an order under the provisions -of Section 517, Criminal P.C., was in reality, an ‘ order passed in pursuance of Section 7 of Act xxiv [31] 1946, which is in these terms:7. (1) It nay person contravenes any order made Under Section 3, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and if the order so provides, any Court trying such contravention may direct that any...
Abdul Ali Vs. the State
Court: Guwahati
Decided on: Mar-13-1950
Ram Labhaya, J.1. The petition of revision is directed against the order of the learned Sessions Judge, U. A. D., by which the petitioner's appeal against his conviction and sentence Under Section 5(a) of the Assam Opium Prohibition Act, 1947, was dismissed. The petitioner was sentenced to undergo rigorous imprisonment for 2 years and a fine of Ba. 600 in default to rigorous imprisonment for 6 months.2. The house in which Abdul Ali, petitioner, lived was searched on 6th January 1949. An elder brother, Abdul Savan and a younger brother, Abdul Mannan of the petitioner also lived in the same house. The Excise Sub-Inspector, who conducted the search, recovered one seer of opium from the house. There were two cakes each weighing half a seer. They were found in two brass utensils wrapped in brown paper. The two utensils were covered by a half-pant. They were placed inside the hollow of a Murah, The Murah itself was under a table in an inner room of the house occupied by the petitioner and h...
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