Guwahati Court April 1954 Judgments
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J.C. Medhi, Registrar, Assam High Court Vs. Frank Moraes, Resident Edi ...
Court: Guwahati
Decided on: Apr-27-1954
Sarjoo Prosad, C.J.1. A rule nisi was issued by this Court on 7-11-1953 calling upon the opposite parties to show cause why they should not be committed or otherwise dealt with for contempt of this Court for publishing a news item in an issue, dated 21-8-53, of the 'daily' called 'The Times of India'. The. opposite parties 1 and 2 are the Editor and the Printer and Publisher of that paper respectively, and opposite party 3 is the correspondent thereof from Jorhat in the State of Assam. This paper appears to have a large circulation, and is published simultaneously every day in the English language in Bombay, Delhi and Calcutta. The news item in question bears the heading 'Failed candidate to get his degree' and is dated, Jorhat, August 20. The publication purports to be a report of a judgment, dated 18-8-53, delivered by this Court in Civil Rule No. 3 of 1953. As the report appeared to be a garbled and distorted version of the judgment leading to the impression that it was an arbitra...
State of Assam Vs. Indra Bhuyan and anr.
Court: Guwahati
Decided on: Apr-27-1954
Sarjoo Prosad, C.J.1. This appeal has been preferred by Government and is directed against an order of Mr. S. Sarkar, Magistrate, 1st class, Gauhati, dated 11-11-52, acquitting the accused Indra Ehuyan and Jagat Chandra Kumar of certain charges framed for violation of rules under the Essential Supplies Act {24 of 1946)'.On 29-4-52, at about 7 or 8 p.m., a private carrier vehicle, No. ASK. 1288, travelling from Palasbari side to Gauhati, was stopped at Kamaklfya gate by Head Constable Sital Prasad Pande. The accused Jagat Chandra Kumar was the driver of the truck and Indra Bhuyan was an occupant thereof. It was loaded with 124 maunds of rice packed in 48 bags.In those days, the movement of grain at that hour in the evening was prohibited under the provisions of Section 11, Assam Foodstuff (Foodgrain) Control Order, 1951, read with Government Notification No. SDB. 100/51/192, dated 12-2-1951. When the Constable challenged the occupants for pro- duction of transport licence, they were un...
Ganesh Gogoi and anr. Vs. the State
Court: Guwahati
Decided on: Apr-09-1954
Ram Labhaya, J.1. The two appellants, Ganesh Gogol and Jurman Gogoi were tried in the court of the Sessions Judge, Upper Assam Districts. The trial was with the aid of a Jury which returned a unanimous verdict of guilty Under Section 396, IPC against both. They were convicted and sentenced each to rigorous imprisonment for two years. They have appealed. At the hearing, in view of the apparent disproportion between the gravity of the offence and the sentence awarded, a notice of enhancement was issued to the accused by this Court on its own motion.2. At the outset, it may be stated that the position of the appellants so far as their challenge to the verdict of the Jury is concerned is not improved by the notice of enhancement. Sub-section (8) of 8. 439, Cr, P. C. does confer on the accused served with a notice to show cause why the sentence be not enhanced the privilege to show cause against his conviction also but the privilege is no greater than what he would have had in an appeal fr...
The State Vs. NaramuddIn Ahmed and anr.
Court: Guwahati
Decided on: Apr-06-1954
Ram Labhaya, J.1. The State of Assam has appealed from an order o Mr. B. R. Das, Magistrate 1st Class, Mangaldai, dated 25-8-1952 by which he acquitted Naramud-din Ahmed and Roisuddin Kabiraj rinding them nut guilty of offences with which they had been charged. Roisuddin has died. The appeal against him has abated. It is now directed against the acquittal of Narumuddin Ahmed alone.2. The proceeding was initiated on a complaint by Md. Foimuddin Gaobura. The complaint was Under Sections 342/161/381, IPC It embodies a very brief statement of the prosecution case. It discloses that the two accused Naramuddin and Roisuddm called him (complainant) from Tengani Hatkhoia oil 5-3-1951 tied his hands and kept him in confinement for about an hour in front of the shophouse belonging to one Dhuler Pathak. Roisuddin, accused, got Rs. 200/- m cash from his father Jaimuddin and released him.3. The complaint was put in on 7th May 1951, the occurrence was alleged to have taken place at 5-5-1951 which w...
Rajab Ali Vs. the State
Court: Guwahati
Decided on: Apr-05-1954
Deka, J.1. Two persons, the appellant Rajab Ali and his brother 'Dukhi Sheik were tried under Sections 148/149 IPC 302/149 and Under Section 201 IPC with the help of a jury who returned a verdict of not guilty against accused Dukhi with respect to all the charges and the verdict of guilty Under Sections 148/149 and 302/149 IPC against accused Rajab Ali and the verdict of not guilty against him with respect to the cliarge Under Section 201,1. P. C. The learned Additional Sessions Judge, L. A. D. agreeing with and accepting the unanimous verdict of the jury convicted and sentenced the accused Rajab Ali to transportation for life Under Sections 302/; 149 IPC and-though there was conviction Under Section 148/149 IPC no separate sentence was passed. Rajab Ali has preferred this appeal against the •said conviction and sentence.2. The prosecution case is that on 7-1-1946, Police Sub-Inspector, Taheruddin attached to the Hajo-Police Station left Hajo with three constables including Sheik...
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