Guwahati Court July 1958 Judgments
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Soram Parijat Singh and ors. Vs. Thongram Meri Singh and anr.
Court: Guwahati
Decided on: Jul-23-1958
J.N. Datta, J.C.1. This is a petition in revision, which I End must be accepted. The petitioners were tried and convicted Under Section 447, I.P.C, and sentenced to pay a fine of Rs. 20/- each. Their petition to the Sessions Judge to refer the matter to this Court was rejected.2. The dispute relates to a grazing ground in the village to which the parties belong. On that grazing ground grow shrubs also which are used as fuel. It is an admitted fact and was also admitted before me that this grazing ground stands on the khas land of the Government and was declared and recorded as grazing ground in the past by the order of the Government, and the villagers were also given the right to take shrubs growing on it for their per-hH sonal use. The prosecution case was that on 8-1-56, the petitioners, under colour, of a permit issued by tthe Forest Department in respect of Kainching Open Reserve, cut and removed 35 cart-loads of shrubs from this grazing ground, and assaulted the complainant and ...
Md. Nadir Shah Vs. the State and anr.
Court: Guwahati
Decided on: Jul-22-1958
G. Mehrotra, J.1. The applicant--Nadir Shah has filed this petition challenging the orders passed by the Magistrate as well as by the Sessions Judge on appeal. In order to appreciate the points raised, it will be necessary to refer to the facts in little detail. 2. The applicant--Nadir Shah is the owner of a certain land in Paltanbazar in the town of Gauhati. He permitted this land to be used as a market and under his permission, people used to come to this land and put up their stalls and sell fish and other articles. The Municipal Board started prosecution of the applicant under Section 217 of the Assam Municipal Act on the allegation that under the resolution of the Municipal Board, nobody could permit his land to be used as a market without licence from the Board. The applicant had applied for a licence which was refused by the Board. Under the circumstances, the applicant, according to the Board, contravened the provisions of Section 216 of the Assam Municipal Act and was liable...
Sudhindra Kumar Deb and ors. Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Jul-10-1958
Sarjoo Prosad, C.J. 1. This is an application for a writ of certiorari and/or mandamus for quashing the order of the Labour Court dated 26-4-1958, and for preventing the respondent, the State of Assam from taking any action under its notification dated 10-4-1958, whereby it purported to cancel a notification of an earlier date, dated 28-11-1957, under Section 33C(2) of the Industrial Disputes Act, 1947 (Act No. XIV of 1947), as amended (hereinafter called the Act). 2. It appears that the petitioner was serving as a head clerk in the Martycherra Tea Estate, which is also a respondent to this application represented by its management. For reasons to which it is not necessary to refer, he was dismissed from service by the Manager of the Tea Estate on 1-3-1955. An attempt was made to effect conciliation of the dispute, which followed the dismissal of the petitioner, between the Union to which the petitioner belonged and the Tea Estate in questionbut it proved ineffective and the Governme...
Balbir Singh and anr. Vs. the State
Court: Guwahati
Decided on: Jul-10-1958
G. Mehrotra, J.1. This is a revision against the decision of the Sessions Judge, Upper Assam Districts, who confirmed the conviction and sentences passed against the two applicants'Balbir Sing and Inderjit Sing by Sri A. Ahmed, Magistrate, 1st Class at Jorhat. Applicant No. 1 was convicted under Section 61-A of the East Bengal and Assam Excise Act-hereinafter called the Act and applicant No. 2 was convicted under Section 53 (l) (a) of the Act, Each of these two applicants were sentenced to six months' rigorous imprisonment and to pay a fine of Rs. 500/- in default to undergo another period of three months' rigorous imprisonment.2. The prosecution case is that on 21-11-54 the Excise Inspector under the authority of a search war- rant searched the Broadway Hotel and restaurant including its kitchen and recovered one bottle of Heyward's brandy, one kettle containing liquor, one bottle containing about a dram of Hey ward's brandy, one bottle containing traces of Heyward's whisky, six empt...
Banchamani Saha Vs. Kshir Babu Sinha
Court: Guwahati
Decided on: Jul-09-1958
J.N. Datta, J.C.1. This is a revision petition under Section 439 of the Cr. P. Code, filed by Smt, Ban-chamani Saha, an illiterate widow, aged 50 or more of village Routkhola, within the jurisdiction of Bishalgarh Police station, who was convicted under Section 420, I. P. C., and sentenced to undergo R. I. tor a term of two months, and to pay a fine of Rs. 100/- or in default to suffer further R. I. for one month. Her appeal to the Sessions Court also failed.2. The case was started on a complaint filed by Kshir Babu Sinha of village Kalkalai which is about 3 miles away from the village of the Petitioner. In 1954, the complainant sold to the Petitioner 2 kanis out of his four kanis of land in a jote, for Rs. 500/-, by a sale deed and there was an agreement, which was also reduced to writing, on the same day, that if within 5 years, the complainant repaid the amount of price, then the Petitioner would reconvey the land to the complainant.Possession was given to the Petitioner, and it ap...
B. Rowell Roy Vs. Ka Thili Nonglyer
Court: Guwahati
Decided on: Jul-04-1958
G. Mehrotra, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act (Act 8 of 1923) against an order of the Commissioner for Workmen's Compensation, United Khasi-Jaintia Hills, Shillong. It is not disputed that the Workmen's Compensation Act has been made applicable to this area by virtue of a Regulation. On 27-9-1957, the aforesaid Commissioner fixed the amount of compensation to be Rs. 2400/- and directed the contractor B. Rowell Roy to deposit the amount with the Commissioner for payment to the dependant of the deceased. The facts are that on 14-9-1955, the Executive Engineer, Public Works Department, M. B. Road Division, Shillong, reported that U Sympher the workmen died on 10-9-1955 due to the fall of a large boulder while he was working at mile 15/1F of the Umwaimawshamok Road. On 28-12-1955, the Executive Engineer intimated by his letter or even date that the workman U Sympher met with the fatal accident while he was engaged at the work under a P. W. D. cont...
Bindhu Madhav Chatterjee Vs. Babu Sou Singh and ors.
Court: Guwahati
Decided on: Jul-03-1958
J.N. Datta, J.C.1. This is a reference made by the learned Sessions Judge, under Section 438, Criminal P. Code, and arises out of a proceeding under Section 145 of the same Code, which in my opinion must be accepted.2. The dispute is as regards some land with houses, which according to the Petitioner belonged to Guna Singh husband of Sm. Kali Kshatrani. Guna Singh left for Brindaban on a pilgrimage in Ashar 1360 B. S. (corresponding to June, 1953 A. D.) leaving the property in charge of Bindhu Madhav, the Petitioner. Guna Singh died at Brindaban in Magh 1360 B. S., issueless, leaving behind his widow as his heir.3. Thereafter a dispute arose over the property between Bindhu Madhav on one hand and Kamal Singh brother of Guna Singh, Babu Sou Singh son of Kamal Singh and two others on the other hand.Bindhu Madhav applied for action under Section 144, but the Magistrate took action under Section 145. The proceedings and enquiry went on for more than two years, and ultimately on 31-5-1954,...
Mohanlal Ajitsaria Vs. Abdul Rasid
Court: Guwahati
Decided on: Jul-01-1958
Sarjoo Prosad, C.J. 1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (Act VIII of 1923), against an order dated 21-4-1956 passed by Mr. R.H. Shaw, Deputy Commissioner, Sibsagar, acting as Commissioner under the Workmen's Compensation Act. By the order in question the Commissioner has awarded a sum of Rs. 1,470/- as compensation to the respondent under Section 4(c)(ii) of the Act. 2. The short facts are that on 27-2-1947 the respondent Abdul Rasid sustained an injury while on duty in a mill then belonging to the appellant where he was the head fitter. As a result of this serious injury he fractured his pelvic bone. He was taken to the Mission Hospital on 2-3-1947 for treatment from where he was released on 10-3-1947. His case is that this was due to the fault of the management which did not care to give him proper medical aid. He then got himself admitted in the Government hospital at Jorhat for treatment on 15-4-1947 and was released from there on 23-4-19...
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