Guwahati Court May 1951 Judgments
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Pramatha Nath Sarma and anr. Vs. Tarini Charan Das
Court: Guwahati
Decided on: May-30-1951
Ram Labhaya, J.1. This is a second appeal by the plaintiffs. Their suit for the recovery of a sum of Rs. 2000 was decreed by the trial Court. The defendant appealed from the decree. On appeal, the decree was modified, and the decretal amount was reduced to Rs. 600. Plaintiffs have appealed to this Court. The defendant has put in cross-objections. This order will dispose of both the appeal and the cross-objections.2. The case for the plaintiffs in brief was that they were the Dolois of the Kamakhya Temple and were in charge of the management of the Temple Estate. In 1942, the military authorities were in need of stone metal for roads in the vicinity of Gauhati. They approached the plaintiffs to permit their contractor to remove stone metal and boulders from the Kamakhya North Quarry on such terms as may be agreed upon between the plaintiffs and the contractor. The plaintiffs agreed. In consequence the arrangement made between the plaintiffs and the contractor was that he would take out...
Lekhram Agarwalla and ors. Vs. Pannalal Agarwalla and anr.
Court: Guwahati
Decided on: May-16-1951
Thadani, C.J.1. This is an application Under Section 439, Criminal P.C. seeking to quash a complaint filed by one Pannalal Agarwalla Under Sections 420, 406, 120B Penal Code against some 10 persons, some of whom are women. The complaint filed by Pannalal is in these terms:Sir,Accused are related to each other. On the 1st week, of March, there was a talk for marriage of the daughter of accused 1 with Govindaram, brother of complainant. According to custom, with the brother of complainant, I went to Nazira & the accused expressed to give her in marriage & the girl also agreed. On 16-3-50, accused 1, 3 & 5 came to the house of the complainant & finalised the marriage proposal & fixed 27-4-50 for marriage, & on that day Rs. 9000/- in cash & ornaments of 60 tolas of gold & clothes & other things were arranged to be given & on that very day Rs. 7000/- was paid in cash. On 25-4-1950 the complainant, with some others, went to the house of the girl according to custom & delivered ornaments of...
Kachu Gogoi Vs. the State
Court: Guwahati
Decided on: May-14-1951
Ram Labhaya, J. 1. Kochu Gogoi, petitioner, was convicted under Section 457, I.P.C., along with one Bapuram Duara. He was sentenced to undergo R. I. for 3 months and was also ordered to-pay a fine of Rs. 200/-. Both Bapuram and Kochu Gogoi appealed from the order of the trial Magistrate. The learned Additional sessions Judge, U.A.D., upheld the convictions and sentences o imprisonment but reduced the sentence of fine in each case to a sum of Rs. 50/- and in default of payment ordered further R. I. for 1 month, Kochu Gogoi alone has come up in revision to this Court.2. The occurrence in question was said to have taken place at about 2 A. M. on the night following the 2lst August, 1948. According to the prosecution version, Bapuram was caught in the house of the complainant Gunaram Gogoi. He raised the alarm and also informed the Gaonbura of it. Later he came to the scene of the occurrence and wrote out a report to the Officer-in-charge of the Sibsagar Police Station. He gave this writ...
Sona Mia Vs. the Govt. of Tripura
Court: Guwahati
Decided on: May-09-1951
Sen Gupta, C.J.1. The petitioner was convicted under Section 302, I.P.C. by the Sessions Judge of Agartala, agreeing with the opinion of the three assessors who aided him at the trial and sentenced to transportation for life. He preferred an appeal against the decision. The appeal against his conviction was dismissed and simultaneously a notice was issued upon him under Section 439, Cr.P.C. to show cause why his sentence should not be enhanced to one of death. He showed cause accordingly but the sentence was. enhanced.2. The petitioner has thereupon applied to this Court for a certificate under Article 134(1)(c) of the Constitution of India that the case is a fit one for appeal to the Supreme Court.3. The grounds put forward in support of the petition are as follows:(i) That this Court had no jurisdiction to enhance the sentence after having dismissed the appeal.(ii) That this Court had no jurisdiction at the revision to discuss matters already discussed during the appeal,(iii) That t...
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