Guwahati Court February 1957 Judgments
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Debendra Kumar Das Vs. Satish Chandra Das
Court: Guwahati
Decided on: Feb-26-1957
Deka, J.1. This is a reference by the Additional Sessions Judge, Lower Assam Districts recommending that a certain order passed by the trial Magistrate under Section 147, Cr.PC should be set. aside. The main ground for recommending Setting aside the order is that proper procedure had not been followed by the learned Magistrate in the matter of drawing up the proceeding under Section 147, Cr.PC and in the matter of issue of notice to the parties concerned as provided under Section 147(1).The second and subsidiary ground is that the order as passed by the learned Magistrate is conflicting in its very nature since he has not directed removal of the fencing though the right of passage is found in favour of the first party and the second party is asked not to obstruct.2. The facts relating to this case come within a very short compass. One Satish Chandra Das (first party) purchased some lands covered by dag No. 242 and has been living there for about seven years past and has been using a p...
Abdul Hamid and ors. Vs. the State of Tripura
Court: Guwahati
Decided on: Feb-11-1957
Datta, J.1. Forty persons were committed to the Court of Session and were tried for charges punishable under Sections 147, 395 and 436 read with Section 149 of the IPC One of them died during the trial, while twenty were acquitted. The remaining nineteen who have preferred these appeals were convicted. There were as many as 51 charges against each of these accused persons, but they were convicted for some of them only, details of which will appear while considering the case against each appellant separately. The punishments were made to run concurrently and ranged from R. I. for 2 years to 10 years.2. Appellants Rehman Ulla, Manik Miah, Tabai Ulla and Darash Miah alias Darash Master preferred appeals from the Jail which were registered respectively as Criminal appeals Nos. 17, 19, 21 and 23 of 1956. A joint appeal was also filed on their behalf and 4 other appellants namely, (i) Abdul Ilamid alias Hamid Mia, (ii) Rahaman Khan, (iii) Chandu Mia and (iv) Wahabulla through Counsel which ...
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