Guwahati Court April 1958 Judgments
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Niresh Chandra Das Vs. Paresh Chandra Routh
Court: Guwahati
Decided on: Apr-25-1958
G. Mehrotra, J. 1. This is a miscellaneous appeal arising out of an execution proceeding. The respondent obtained a decree against the appellant and in execution of that decree he attached the tenancy right of the appellant, The appellant has a right under a lease to remain in possession of certain premises on payment of monthly rent. This right of the appellant is sought to be attached and sold in execution of the decree. An objection was raised by the judgment-debtor that this is not a property which is liable to be attached under Section 60, Civil Procedure Code. The objection was repelled by the Subordinate Judge and the present appeal has been filed against that order. 2. The main question is whether under Section 60 of the Civil Procedure Code the right of the appellant to remain in possession of the house as a tenant is liable to be attached or sold in execution of the decree or not. Section 60 of the Civil Procedure Code provides that any property which is saleable can be atta...
Dinesh Chandra Dowerah and anr. Vs. A.M. Dam and ors.
Court: Guwahati
Decided on: Apr-23-1958
C. Mehrotra, J. 1. This rule was issued on an application under Articles 226 and 227 of the Constitution praying for issue of a writ of Certiorari or Mandamus or any other appropriate writ against the opposite parties Nos. 1 and 2--the Commissioner of Hills Division and Appeals, Assam and the Commissioner of Excise, Assam, Shillong respectively--restraining them from giving effect to their impugned orders and directing opposite party No. 3--the Deputy Commissioner and District Collector, Lakhimpur--to give effect to his order dated 29-10-1957 and further restraining opposite parties No. 4 from selling country spirit from Behia Chetia Country Spirit Shop on and from 1-4-1958. The facts which are set forth in the application are that the sales of the country liquor in non-prohibited areas in Assam including Lakhimpur District are regulated by licenses to be granted by District Collectors on advice of the Advisory body consisting of not more than five local gentlemen. The District Collec...
Warepam Lukhoi Singh Vs. Lepchung Kom
Court: Guwahati
Decided on: Apr-21-1958
J.N. Datta, J.C.1. This is a reference made by the learned Sessions Judge, Manipur, that the order of Shri Basir Ahamad, M. F. C, passed Order 21-10-1957, in Criminal Misc. Case No. 11 Order 1957, a proceeding under Section 145, Criminal P. C., upholding the possession of Lepchung Kom (opposite party in this proceeding) and prohibiting any disturbance of it by Warepam Lukhoi Singh (petitioner in this proceeding) in respect of some land covered by Darabadi Patta No. 7/33 I. E. T., suffers from illegality and want of jurisdiction, and should therefore be set aside.2. In my opinion, the facts have been mis-appreciated with the result that the law has not been correctly applied, and I am afraid this reference was unnecessary and cannot be accepted.3. The facts which emerge on a scrutiny of the record and which I think are correctly stated in the report submitted by the Magistrate were these: Order 3-6-1957, Lepchung Kom (Opposite party) filed a complaint under Rules 326 and 447, I. P. C.,...
Dev Kanta Barooah Vs. Kusha Ram Nath and anr.
Court: Guwahati
Decided on: Apr-17-1958
H. Deka, J.1. These are two connected matters. One is an appeal by Dev Kanta Barooah against the decision of the Election Tribunal presided over by Mr. R. Labhaya, whereby the election of the appellant for the general seat in the Assam Legislative Assembly from the Nowgong double member Constituency was set aside, and the other is a petition in connection with this appeal by one Beliram Das who was one of the candidates for the reserved seat in the same constituency, alleging that the judgment of the Election Tribunal was bad so far as it refused to set aside the election of the Scheduled Caste candidate Mahendra Nath Hazarika, who was returned for the reserved seat in the same constituency.2. The facts shortly put are as follows: Kusharam Nath who was one of the candidates for the general seat in the Nowgong Constituency of the Assam Legislative Assembly called in question the election of Dev Kanta Barooah by a petition under Section 81 of the Representation of the People Act allegin...
NabIn Chandra Gogoi Vs. the State
Court: Guwahati
Decided on: Apr-08-1958
Sarjoo Prosad, C.J.1. The petitioner has moved against his conviction and sentence under Section 429 of the Indian Penal Code.2. On 5-2-54, at about 10 A.M., a rhinoceros was shot dead at village Hahpani. The petitioner, along with a few others who have since been acquitted or discharged, were sent up for trial, under Section 429 of the Indian Penal Code and Section 25 (g) of the Assam Forest Regulation. The charge under Section 25 (g) of the Forest Regulation failed because the occurrence was found to have taken place outside the game sanctuary. The petitioner was, however, Convicted by the learned Magistrate under, Section 429 of the Indian Penal Code for having shot and killed the rhinoceros with a gun, and that conviction has been upheld by the learned Sessions Judge on appeal. The only evidence against the petitioner was that of one Sudharam Gogoi (P.W. 4) who said that he saw the petitioner firing at the rhinoceros with a single barrelled muzzle loading gun, and later the animal...
Kala Meah Vs. Rai Mohan Saha
Court: Guwahati
Decided on: Apr-08-1958
J.N. Datta, J.C.1. This is a criminal reference, made by the learned Sessions Judge, recommending that the order of the S. D. M., Sonamura dated. 10-12-1956,, passed under Section 144 Cr. P. Code, in Cr. Misc. Case No. 82 of 1956, ought to be set aside.2. The dispute relates to Melaphar Bazar, and is in respect of the right to collect loll in the Bazar On 8-12-5R, Rai Mohan Shah (Party No. 1) applied to the S. D. M. for action under Section 144, against the second party consisting of Kala Meah and others. The learned S. D. M. asked the station Officer to enquire and report. The said Officer complied, and reported on 10-12-56 that there was imminent danger of a breach of peace. He also reported that in a civil suit between the parties, the Munsiff had granted a temporary injunction, against the second party, but the same had not till then been served on the second party, although the second party had gone up in appeal against that order to the District Judge. According to him, the seco...
K. Stone Vs. Kresmanik
Court: Guwahati
Decided on: Apr-07-1958
H. Deka, J.1. This is a reference from the learned Additional District Magistrate, United Khasi-Jain-tia Hills with a recommendation that a criminal proceeding pending against accused K. Stone and others may be quashed on two grounds (1) that the. complainant has. not been examined on receipt of a Naraji petition and (2) that' sanction to prosecute a public servant like K. Stone is necessary under Section 197, Criminal Procedure Code, and in the absence of such a sanction the trial should1 not be allowed to proceed. We have heard the learned Senior Govt. Advocate in support of the reference and Mr. Das for the complainant, who opposes the acceptance of the reference.It appears that on 18-2-1956 the complainant Kresmanik made an application in the court of the Additional District Magistrate charging U Phildrolip and nine others with various offences-coming within Sections 341, 380, 392, 503 and 427, IPC The main allegation was that on 21-1-1956 at about 2-30 P. M. the Land Customs peop...
Padmanava Bhattacherjee and ors. Vs. Bidhubushan Das and ors.
Court: Guwahati
Decided on: Apr-03-1958
J.N. Datta, J.C.1. This is a reference made V the learned Sessions Judge under Section 438 of the Criminal P. C,, recommending that the order of the Sub-Divisional Magistrate, Kamalpur, dated 31-8-1956 passed in Misc. Cri. Case No. 3 of 1955, a proceeding under Section 145 of the CrIPC declaring that the opposite party (Bidhubhushan Das and others) who were the applicants (first party) before the S. D. M. were in possession of the land in-dispute and forbidding the present petitioners-(Padmanava Bhattacherjee and others) who were the opposite party (second party) before the S. D. M.f from disturbing their possession, till evicted in due-course of law be set aside.2. The dispute relates to two adjoining pieces of land, respectively 4 and 5 kanis in area, and situate at Mouza Hererkhola, the first one of which according to the opposite party in this reference; was purchased by Janadasundari, and the second by her brother Bidhubhushan Das (one of the applicants before the S. D. M.) in 19...
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