Guwahati Court May 1952 Judgments
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Kamini Kumar Das Vs. Bhim Kanta Keot and anr.
Court: Guwahati
Decided on: May-05-1952
Thadani, C.J.1. This is a reference made by the learned Sessions Judge, Upper Assam Districts, under the provisions of Section 433, Cr. P. C., drawing our attention to Misc. Case No. 80 of 1950, in which one Kamini Kumar Das, First Party, had filed a case under Section 145, Cr. P. C., against one Bhim Kanta Keot and another, the second party, in the Court of the First Class Magistrate of Sibsagar, Mr. M. Gogoi. 2. The learned First Class Magistrate, after referring the matter to the Police who reported that there was a likelihood of a breach of the peace, called upon the parties to file their written statements in accordance with law, and fixed a date of hearing. On 30-11-1950, the date on which the case was first fixed for hearing, both the parties prayed for an adjournment, and it was granted. The case was adjourned to 29-12-1950 on which date the First Party prayed for an adjournment, which was granted. The case was adjourned to 12-2-1951. On that date again the First Party was not...
State of Assam Vs. Ramani Mohan Chanda
Court: Guwahati
Decided on: May-05-1952
Thadani, C.J. 1. This is an appeal by the State of Assam against an order of acquittal passed by the learned First Class Special Magistrate of Shillong, acquitting the accused Ramani Mohan Chanda in a case in which he had been charged under Section 161, I.P.C. 2. Mr. Medhi who appears for the State contends that the learned Magistrate committed an error of law which has resulted in an erroneous acquittal. He contends that the evidence of P. W. 7 Abdul Wahab Khan has been wrongly omitted from consideration by the learned Magistrate, having regard to the fact that it was not possible to produce P. W. 7 for cross-examination. 3. It appears that P. W. 7, upon whose evidence alone the case hinges, was examined on 2-12-49. The record shows that on that day his cross-examination was reserved. There is nothing to show that the cross-examination was reserved at the request of the accused. We do not think it would be unreasonable to rely upon our experience namely, that after the law has pe...
Bhogiram Namasudra Vs. Sondhan Das and ors.
Court: Guwahati
Decided on: May-01-1952
Deka, J. 1. This is an appeal by Bhogiram Namasudra, Chairman, Folashbari Namasudra Fishery Co-operative Society, Ltd., against an order made by the Additional Deputy Commissioner of Kamrup, dated 27-2-52 purporting to direct a settlement of Brahmaputra Fishery No. III (A) for the year 1952-53 with Respondent 1, Sondhan Das, Managing Director of Sualkuchi Fishermen Association, Ltd., for a sum of Rs. 23,100/-. The petitioner's case is that he was the lessee of the aforesaid Fishery for the previous year and was interested in holding the fishery for two years more. Under Rule 182, Chapter 10, Assam Land Revenue Regulation,--relating to settlement of Fisheries, the Deputy Commissioner should normally fix a date for the sale of all registered fisheries held under leases expiring on the last day of the current year and the procedure is laid down in the said Chapter as to how the sale is to be conducted and settlement made. The procedure prescribed is to make a settlement of a fishery as...
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