Guwahati Court July 1952 Judgments
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Rup Chand Moran and anr. Vs. Bhagalu Singh
Court: Guwahati
Decided on: Jul-09-1952
Ram Labhaya, J.1. This reference from the Sessions Judge, U. A. D. arises from a proceeding under Section 145, Cr. P. C.2. Bhagalu Singh is a Chawkidar of Sardar-mall. On 26-6-1950 he filed a complaint in the court of the A. D. M., Lakhimpur at Dibrugarh, by which he prayed for the initiation of a proceeding against 8 persons described as the second party in the petition under Section 145, Cr. P. C. His case was that the land belonged to Sardarmall, who was the absolute owner by purchase and also was in possession. He held the land and got it cultivated through tenants to whom he gave land for cultivation on annual rent. According to him on 23-6-1950 the second party with many others came, forcibly trespassed on the land & themselves started ploughing it. He protested but finding the attitude of the crowd aggressive, he had to leave.3. The learned Magistrate directed the proceeding to be drawn up against the 8 persons complained against. Notices were issued to them. Both Parties put ...
Achinta Kumar Bhattacharjee Vs. the State
Court: Guwahati
Decided on: Jul-07-1952
Thadani, C.J. 1. This is a revision application under the provisions of Section 439, Criminal P. C. directed against an appellate judgment passed by the learned Additional Sessions Judge, U. A. D., by which he confirmed the conviction and sentence passed by the trial Court--a Magistrate of the First Class, Silchar against the petitioner under Section 2 (6) (b) of the Assam Maintenance of Public Order Act of 1947 (Act V of 1947). The sentence passed upon the petitioner was twelve months' R. I. 2. It appears that an order of detention against the petitioner was made by the Deputy Commissioner of Cachar on 5-1-49. The Deputy Commissioner, Cachar, is also the District Magistrate of Cachar and as District Magistrate, Cachar in virtue of the power delegated to him under Section 9 of the Assam Maintenance of Public Order Act, 1947 read with Section 2 (1) (a), he passed the order of detention against the petitioner. In express terms the order of detention was to remain in force for a perio...
Jyotirindra Narayana Sinha Choudhury and ors. Vs. the State of Assam
Court: Guwahati
Decided on: Jul-02-1952
Ram Labhaya, J. 1. These nine references (Nos. 1 to 9 of 1949) are from the Assam Boardof Agricultural Income-tax which shall hereinafter be referred to as the Board. Originally four questions were referred to us by all these references excepting No. 1. The first 2 questions which were common to all the references were answered by the order of this Court dated 9th May, 1950. The third question related to Salami receipts. This question was not included in Reference No. 1. The material made available to us by the Board was not enough for determining the nature of Salami receipts. The cases were sent back to the Board for furnishing us with a fuller statement of facts bearing on the nature of Salami receipts after further enquiry into facts on the lines indicated in our order. The order also directed the Board to include this question in Reference No. 1 and it has been done so. It now is common to all the references and is as follows: 'Whether the amount received by the Assessee as Sala...
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