Guwahati Court March 1956 Judgments
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The State Vs. Durgeswar Datta and ors.
Court: Guwahati
Decided on: Mar-23-1956
Ram Labhaya, J.1. This is a reference under Section 307, Criminal Procedure Code from the court of the Assistant Sessions Judge, Upper Assam Districts. The case has been referred to this Court under the following circumstances.:-2. Seven persons namely Dharmeswar Dutta, Durgeswar Dutta, Baneswar Dutta, Hen-dul alias Santaram Saikia, Banshidhar Dutta, Dimbeswar Saikia and Lambadhar Saikia were committed to the Court of Session for being tried under Sections 304/149, Indian Penal Code. They were tried with the aid of a jury. The jury found all not guilty under Section 304 read with Section 149 and the learned Judge agreeing with this verdict has acquitted all the accused of this charge. The jury further returned a unanimous verdict of guilty under Section 304, Part II, Indian Penal Code against Durgeswar, Baneswar and Lambadhar. No charges were framed against these accused under this section. The learned Judge has not been able to agree with this part of the jury's verdict. He thinks th...
Hira Barua and anr. Vs. the State
Court: Guwahati
Decided on: Mar-16-1956
Ram Labhaya, J.1. Hira Barua and Surendra Nath Bhuyan, appellants were found guilty and convicted under Section 395, I.P.C. They were sentenced each to rigorous imprisonment for five years. Bholow Saikia was also tried jointly with them. He was given the benefit of doubt. The order of the Assistant Sessions Judge, Upper Assam Districts convicting the appellants was passed on a unanimous verdict of guilty returned by the jury.2. The alleged dacoity is said to have taken place on the night following 16-3-1953 in the house of Kanakeshwar Bardoloi of Jagduar Sonari village within the limits of Teok police station. There was a 'Namgoa' festival in the house of Kanakeswar that evening. His son Nityananda alias Bhaba left for Jorhat before the Namgoa was over. The inmates of the house of Kanakeswar and two guests retired after the Namgoa was over a little before midnight.One guest a Gossain was there for the purpose of Namgoa. He slept in that part of the house which was used for Kirtan. Thi...
Sisir Kumar Das Purkayastha Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-14-1956
Sarjoo Prosad, C.J.1. In this application under Articles 226 and 227 of the Constitution the petitioner prays that we should quash the orders of assessment made by the Sales Tax Authorities on the ground that the assessments were ultra vires and not warranted by the provisions of the Sales Tax Act. Reliance has been placed on the authority of the decision of this Court in Civil Rule No. 98 of 1953, dated 19th March, 1954- It may be pointed out that the assesssment in this case was completed on 22nd December, 1952. The petitioner never preferred an appeal against the order of assessment, nor did he go up in revision. For about two years he allowed the matter to rest; then after the decision of this Court passed in the aforesaid case, he filed a petition before the Commissioner of Sales Tax to interfere with the order of assessment under Section 31 (1) of the Sales Tax Act. The Officer refused to interfere with the assessment order which had already become final as early as on 22nd Dece...
Harendra Narayan Das Vs. Chairman, Municipality
Court: Guwahati
Decided on: Mar-06-1956
Sarjoo Prosad, C.J.1. This is a reference under Section 438 of the Criminal Procedure Code for setting aside an order of conviction dated 22-8-1953, in Criminal Case No. 516 of 1952 (the Chairman, Municipality Goal-para versus Harendra Narayan Das), convicting the accused in that case under Section 152 of the Assam Municipal Act & sentencing him to pay a fine of Rs. 25/-, in default, to suffer simple imprisonment for 30 days.2. The relevant facts giving rise to the reference are these: The accused petitioner at whose Instance this reference has been made holds & plot of land within the Municipal area of the Goalpara town. The allegation against him is that he encroached upon some portion of the Municipal drain that runs along-side his homestead land.The encroachment is said to have been detected by the Municipal Overseer on 17-2-1952 and he wanted the encroachment caused by the erection of the fencing to be removed amicably, but the accused refused to do so. He then submitted a report...
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