Guwahati Court October 1952 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Megho Singh Pamjou Singh Vs. Ahong Singh and ors.
Court: Guwahati
Decided on: Oct-15-1952
Lakshmi Narain, J.C.1. This revision petition is flled by a private person Khangembam Megho Singh against the acquittal of the accused in Sessions case No. 5 of 1951 of the Sessions Court, by which they were acquitted of the charge under Section 304, I.P.C. The local Government has not flled any appeal from the above order.2. I have gone through the judgment of the learned Sessions Judge and also through the relevant evidence in the case. There appears to be no miscarriage of justice or gross error in the judgment. The evidence in the case is also not above suspicion. It cannot be said that the trial court has taken a perverse view of the evidence. At the same time misappreciation of evidence is no ground for revision against acquittal. ('Chotha Ram v. Mt. Karmon Bai AIR 1918 Lah 204 (A); - 'Pydi Ramanna, In re' AIR 1919 Mad 20(2) (B); - 'Venkata Rao v. Padmanabha Raju' AIR 1927 Mad 981 (C), relied on).3. It is true that High Court can exercise its power of revision on the applicatio...
Elehus Mia and anr. Vs. Ali Ahmed Kazi
Court: Guwahati
Decided on: Oct-10-1952
Lakshmi Narain, J.C.1. In proceedings Under Section 145 Cr.P.C. which were started by Ali Ahmed Kazi against Elehus Mia and others on 3.10.50, Shri B. Dutta Magistrate, first class, Udaipur on 30.5.31, allowed the application of the first party by lifting the attachment of the land in dispute already made by his order dated 25.11.50, giving its possession to him and directing that he should remain in such possession until legally evicted. It was alleged that the 2nd party was in possession of the land from the month of Pous of that year. The preliminary order in this case was drawn by the Magistrate on receiving the police report called by him on 25.11.50. In his judgment the learned Magistrate has found that the second party had possessed the land forcibly on 12th Sept. 1950 and since then they were in possession from over 2 months before the proceedings were drawn up by him on 27.11.50. It has also been held by him that the 2nd party was trespasser and its possession was not peacefu...
Padmanava Bhattacharyya and ors. Vs. Bidhu Bhusan Das
Court: Guwahati
Decided on: Oct-10-1952
Lakshmi Narain, J.C.1. The learned Sessions Judge has recommended this motion with a view of taking action by this Court Under Section 439, Cr.P.C. for quashing the proceedings before the Magistrate in case No. 37 of 1952 Under Section 145, Cr.P.C. when another application Under Section 144, Cr. P. Code has also been pending before him between the same parties.2. I have carefully gone through the report of the learned Sessions Judge made to this Court Under Section 438, Cr.P.C. and other relevant matter on the record.3. Section 144, Cr.P.C. yields, where a special condition of Section 145, Cr.P.C. is fulfilled. A Magistrate is bound to take action Under Section 145, Cr.P.C. when he finds that there is a real dispute tending to a breach of the peace. In the present case, the dispute between the parties is about possession of the two plots of land, the learned Magistrate has, therefore, adopted the right course in taking proceedings Under Section 145, Cr.P.C. which is to settle the disp...
- ‹ Prev
- Next ›