Guwahati Court February 1951 Judgments
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Jatindra Nath Vs. the State
Court: Guwahati
Decided on: Feb-23-1951
Thadani, C.J.1. This in an appeal by one Jatindranath Bardoloi who was convicted by the learned Sessions Judge, L.A. Districts, under Section 363, I. P.C. and sentenced to 2 years' R. I. at a trial held with the aid of a jury which brought an unanimous verdict of guilty against the appellant Under Section 363 I.P.C.2. The case for the prosecution was that on 13-6-1949, at about 8 A. M. the kidnapped girl, Musst, Sarumai, said to be some 13 years of age, was going with her mother to a jute field for weeding. On the way, the appellant who was apparently hiding behind a clump of bamboo trees on the road-side, seized Musst. Sarumai and forcibly dragged her away. Musst. Samurai's mother intervened, but she was overpowered. The appellant then disappeared with the girl. They were joined by 3 other persons who have been acquitted by the jury. One Mohiram and Motirara pursued the appellant, but abandoned the pursuit when they were threat ened by the appellant. The following day the girl's elde...
Gobinda Biswas and ors. Vs. the State
Court: Guwahati
Decided on: Feb-09-1951
Ram Labhaya, J.1. This petn. of revn. is directed against an order of the Addl. Ses. J., L.A.D., dated 22-6-1950 by which the convictions of the petnrs. Under Section 363, I. P.C. were confirmed & the sentences awarded to them upheld. The peters, were sentenced each to undergo R. I. for 3 months. They were also sentenced to a fine of Rs. 100/-each & in default of its payment to R. I. for one month.2. The prosecution case was that the complain ant Ganesh Kumar Bhowick was the guardian of the minor girl Kamala aged about 9 or 10 years. On 18-6-1949, the minor was removed from the custody of her guardian during his absence. The minor, according to the prosecution case, was kept confined in the house of Khudiram Biswas, petnr. 3. The petnrs. are said to have intended giving the minor away in marriage to petnr. 2. The learned trial Mag. found that the girl was a minor & that she was removed from the custody of the complainant who was lawfully entrusted with the care & the custody of the m...
Aghor Ch. Dev Barma Vs. Govt. of Tripura
Court: Guwahati
Decided on: Feb-05-1951
Narendra Nath Sen Gupta, J.C.1. This is an application for revision of an order of the Sub-Divisional Magistrate of Agartala taking cognizance of a case against the Petitioner on the ground that the action of the Magistrate was illegal and for quashing the proceedings based on such cognizance.2. It appears that the learned Magistrate took cognizance on a charge-sheet submitted by the officer in charge of the Kotwali Police Station, in which there is a reference to a first information-No. 33 dated 17.4.50. The charge sheet does not conform to the provision of Section 173(1)(a) nor does it contain the statement of the facts constituting the offences indicated by the sections of the Indian Penal Code noted in column 7 thereof, namely: 143, 447, 364, 302/34 I.P.C. as required by Section 190(1)(b), Cr.P.C.3. The main contention of petitioner is that the action of the Magistrate was illegal and the proceedings were liable to be quashed.4. A Rule was issued and in showing cause why the...
Senairam Dungarmall Vs. the Assam Board of Agricultural Income-tax.
Court: Guwahati
Decided on: Feb-02-1951
THADANI, C.J. - This is an application under Section 28 of the Assam Agricultural Income-tax Act, 1939, (Assam Act IX of 1939) arising out of an order of the Member, Assam Board of Agricultural Income-tax, Assam, dated 11th November, 1949, by which he declined to state the case to this court.It appears that the petitioner did not appeal against the order of the Agricultural Income-tax Officer under Section 24 of the Act, but made an application under Section 27 of the Assam Agricultural Income-tax Act, 1939, by which he sought to set aside the assessment order of the Agricultural Income-tax Officer in respect of the assessment for the year 1943-44. The Commissioner of Agricultural Income-tax Assam, by his order dated 7th September, 1949, declined to interfere with the order of the Agricultural Income-tax Officer. Mr. Phukan, Member of Board of Agricultural Income-tax, Assam, declined to state the case to this Court on the ground that no point of law arose out of the order made by the ...
Anilesh Chandra and ors. Vs. the State
Court: Guwahati
Decided on: Feb-02-1951
Thadani, C.J.1. These are three criminal appeals Nos. 43 of 1950, 45 of 1950 & 46 of 1950 arising out of a trial of five accused persons - Nirmal Prosad Barua, Pulin Chandra Das, Chandra Kanta Bhandar Kayastha, Anilesh Chandra Ghose, & Jyotsna Chakravarty - who were convicted & sentenced to various terms of imprisonment by the learned Ses. J., L. A. Districts, at a trial held with the aid of a Jury. Under Section 477A, I. P.C. the applt. Chandra Kanta Bhandar Kayastha was sentenced to R. I. for one year, & Under Section 120B & Section 420, I. P.C. he was sentenced to R. I. for four years. The remaining 4 applts., namely, Nirmal Prosad Barua, Pulin Ch. Das, Anilesh Chandra Ghose, & Jyotsna Chakravarty, were each sentenced to R. I, for four years Under Sections 420 & 120B, I. P.C. the sentences being ordered to run concurrently. The sentence of the applt., Chandra Kanta Bhandar Kayastha, Under Section 477A, I. P.C. was ordered to run consecutively with the sentences passed ...
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