Guwahati Court December 1956 Judgments
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Thokehom Tomba Singh and ors. Vs. Huidrom Abung Singh and anr.
Court: Guwahati
Decided on: Dec-22-1956
Datta, J.C.1. This is a reference by the learned Sessions Judge, Manipur, under 8. 438 of the Criminal P. C., with the recommendation that the convictions and sentences of fine of the petitioners (1) Thokchom Tomtaa Singh, (2) Khuman. tttem Raghu Singh, (3) Ningthoujam Tompok Singh and (4) Thoudam Chaoba Singh, under Section 441 of the I. P. C., be set aside, and they be retried.2. The case against the petitioners was started on a complaint under Sections 447 and 427, and the trial of the case commenced as a warrant ease obviously because one of the two offences was triable as a warrant case. After the examination of the prosecution witnesses was over the case was transferred to the file of Shri Lamphel Singh, Magistrate 1st Class, who examined the accused and proceeded further without framing a charge.Order sheet dated 12-5-1956 however shows that the charge under Section 427, I. P. C., was dropped. No defence evidence was led by the accused and the learned Magistrate convicted them...
Tomba Mia Khamba Mia and ors. Vs. Laisangthem Chandra Singh
Court: Guwahati
Decided on: Dec-22-1956
Datta, J.C.This is a reference under Section 438 of the Cr.PC made by the learned Sessions Judge, Manlpur, recommending that the order passed by the learned Magistrate under Section 145 Or. P.C. declaring the opposite party (Lei-sangthem Chandra Singh) to be in possession of the disputed land be set aside and the case be re-heard and disposed of according to law.2. The proceeding that was originally started against both the parties was started under Section 107 of the Cr.PC but after the conclusion of the proceeding and at the time of passing the final order, what the learned Magistrate did was to pass the impugned order under Section 145 Cr.PC giving a declaration in favour of the opposite party. This the Magistrate was not competent to do and his order was clearly ultra vires.It is open to a. Magistrate to either start a 'J proceeding under Section 107 or Section 145 Cr. JP.C. when there is a dispute over land and if j after having started a proceeding under one of (those sections h...
Lalit Mohan Deb Burman Vs. Hridoy Ranjan Deb Burman
Court: Guwahati
Decided on: Dec-10-1956
J.N. Datta, J.C.1. This is a revision petition and arises out of a proceeding under Section 133 of the Criminal Procedure Code.2. The houses of the parties which are at Agartala stand in compounds adjoining each other and there stands a big and tall siris tree on the boundary between the two compounds. The tree belongs to the opposite party. On the S. D. M. being moved he came to the conclusion that the tree stood in such a condition that it might fall wholly or partly at any time on, the house of the petitioner under the stress of a' storm, and was therefore a source of clanger to the petitioner and his family who live there, and to others who visit on business the Petitioner who is an Advocate, Talukdar and public man.The S. D. M. therefore issued a conditional order on 30-4-56 directing the opposite party either to remove the tree within 4 days of the receipt of the said order or to appear personally before Sri. K. P. Datta, Magistrate 1st Class Agartala on 17-5-56 at 10 A.M. and t...
Behubar Co. Ltd. Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Dec-10-1956
Ram Labhaya, J.1. This is a petition under Article 226 of the Constitution of India for a writ in the nature of mandamus, certiorari and also for other suitable writs or orders. It arises out of three assessments made under the Assam Sales Tax Act, 1947. The three periods of assessments are :--(1) from 1st April, 1951, to 3oth September, 1951; (2) from 1st October, 1951, to 31st March, 1952; (3) from 1st April, 1952, to 3oth September, 1952. In respect of these periods the petitioner was assessed on certain items of turnover amounting to Rs. 50,823, Rs. 1,05,685 and Rs. 1,73,820 respectively. The turnover in each case was from tea chests and machine parts which were purchased at Calcutta by the petitioner's head office and despatched to the petitioner in Assam for use in its business, namely, manufacture and sale of tea. The assessments were made under the second proviso to Section 2 (12) of the Assam Sales Tax Act, 1947, which provides that any use by a dealer from his stock of any g...
Akmat Ali Vs. the State of Tripura
Court: Guwahati
Decided on: Dec-05-1956
Datta, J.C.1. This Is an appeal by Akmat Ali of village Badarpur in Bast Pakistan under Section 420, Criminal P. C., who was convicted by the Sessions Judge, Tripura under Section 395, Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 500. His co-accused Sultan Ahamad of village Kalikapur in East Pakistan who has also preferred a similar appeal (Jail Appeal No. 25 of 1956) was convicted under Section 397, Penal Code, and sentenced to rigorous Imprisonment for a period of 9 years and to a fine of Rs. 600. This Judgment will govern both these appeals. It might be mentioned at the very outset that the conviction of appellant Sultan Ahamad under Section 397, Penal Code, was not correct and ought to have been under Section 395 read with S. 397, Penal Code, as Section 397 does not create a substantive offence.2. It is undisputed and there is ample evidence to prove that there was a dacoity at the house of Surendra Paul (P. W. 1) and Rangahari Pa...
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