Guwahati Court August 1955 Judgments
NuruddIn Ahmed Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-31-1955
Ram Labhaya, J. 1. Nuruddin Ahmed, petitioner in this case, has applied for suitable writs under Article 226 of the Constitution of India against the State of Assam, Under-Secretary to the Government of Assam in the Revenue Department, the Deputy Commissioner of Cachar and Illias Ali,, respondent 3, in the following circumstances:2. Fishery No. 11, River Kushiara is on the register of fisheries maintained by the Revenue Department. It is a first class fishery. It is alleged that the fishery since its registration was being settled by auction in accordance with the rules which regulate the settlement of fisheries. Illias Ali, respondent 3 was the lessee in respect of the fishery for the last two terms viz., from 1949-50 to 1954-55. He got the settlements by bidding at the auction sales.In conformity with the rules the Deputy Commissioner of Cachar issued a proclamation to the effect that the fishery in question (No. 11) along with others would be put up for sale on 10-2-1955 for a peri...
Tag this Judgment!Lalbahadur Keshi Chetri and ors. Vs. the State
Court: Guwahati
Decided on: Aug-23-1955
Deka, J.1. These are three connected matters in the sense that the same party of Police and search witnesses raided the houses of the accused persons on the morning of 6-3-53 in a village and Incriminating articles, consisting of gun-powder, cartrides and unlicensed arms, to wit, a single barrelled muzzle loading gun, were alleged to have been recovered from the houses of the accused persons, and as such, on a report made by the C. I. D. Sub-Inspector, prosecution was sanctioned against the accused persons under Section 19(f) of the Indian Arms Act, and the accused petitioners were convicted by the trial Magistrate, who unsuccessfully appealed to the Additional Sessions Judge.Three petitions were made lay three accused persons to this Court, on the basis of which three separate rules were issued on the Deputy Commissioner to show cause why the convictions and sentences should not be set aside.2. There is particularly one point that was common to these cases as argued by the learned a...
Tag this Judgment!Khoda Baksh Munshi and anr. Vs. the State
Court: Guwahati
Decided on: Aug-10-1955
Sarjoo Prosad, C.J.1. The two appellants in this appeal, Khoda Baksh Munshi and Akser Ali have been convicted under Section 396, Penal Code, and sentenced to transportation for life. The trial was with the aid of a jury who gave a unanimous verdict against the appellants holding them guilty under the aforesaid section and the learned Sessions Judge accepting that verdict has convicted them as already stated above.2. The prosecution arises out of a very tragic occurrence which happened during the early hours of the morning of 6-6-1952, in which the two cousins Hakim Khan and Yaz Khan lost their lives. Yaz Khan died on the spot having in addition to other injuries a bullet injury on his abdomen, while the lifeless body of Hakim Khan with injuries was discovered next morning a little removed from his house near a sheam.3. The case for the prosecution is that on the night of the occurrence a little before morning there was a dacoity in the house of Hakim Khan and Yaz Khan, who although oc...
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