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Guwahati Court September 1958 Judgments

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Sep 24 1958

Asad Ali Tahsildar Vs. Answar Ali

Court: Guwahati

Decided on: Sep-24-1958

J.N. Datta, J.C.This is a reference by the learned Sessions Judge, and arises out of a complaint case under Section 417 of the I.P.C.2. The facts briefly stated are, that in 1952 the complainant (petitioner) filed a complaint against the Non-applicant, alleging that the N. A. had obtained settlement of some lands Benami in the name of the complainant. During the last Great War. the Government acquired these lands for a compensation of Rs. 763/-. As the lands stood in the name of the complainant, Government paid the amount of compensation to him, and he in turn paid it to the N. A. Later the Government found that no compensation was payable, and the complainant was asked to refund the amount.The complainant approached the N. A. and asked him to pay up, but he refused. The N. A. had thereby committed the offence of cheating. It is difficult to see how these facts would constitute the offence of cheating, but it is not necessary for the purpose of this reference to go into the merits of ...


Sep 15 1958

Laisram Chandramani Singh and ors. Vs. the Union of India (Uoi)

Court: Guwahati

Decided on: Sep-15-1958

J.N. Datta, J.C.1. This is a petition under Article 134(1)(c) of the Constitution for a certificate of fitness to appeal to the Supreme Court.2. The petitioners, four in number, were convicted, one under Sections 307 and 447 of the I.P.C., others were convicted under Section 307 read with Secction 115 and Secction 452 of the I. P. C. One of them was convicted under Secction 326 also, but in the appeal to this Court he was acquitted of that charge, while the convictions of all on other charges and the sentences which are to run concurrently, the highest being 7 years in the case of the main accused and 4 years in the case of others, were maintained.3. Briefly stated the case against the petitioners was, that they trespassed into the house and compound of P.W. 2 (Krishnadas) on the morning Order 4-10-56, petitioner Chandramani being armed with a Dao, and inflicted severe injuries on P.W. 1 (Bidhu) and also P.W. 4 (Munal). Some of the phalanges of two fingers of the right hand of P.W. 1 ...


Sep 12 1958

Raimohan Nath Vs. the General Manager, N.E.F. Rly. and anr.

Court: Guwahati

Decided on: Sep-12-1958

Sarjoo Prosad, C.J. 1. The petitioner has applied for an appropriate writ for quashing an order, dated 4-7-58, passed by the Respondent, the General Manager, North East Frontier Railway, terminating his service (under Rule 148 of the Indian Railway Establishment Code, Vol. I); and also for a direction prohibiting the Respondents, the authorities concerned, from taking any action on the basis of the order in question. 2. The relevant facts are these. The petitioner was appointed as an Electric Khalasi under the then Bengal Assam Railway on 15-12-43. In 1945, he alleges, he was promoted as an Armature Winder. After the nationalisation of the Bengal Assam Railway, the petitioner was confirmed as Armature Winder in April, 1952, and was continuing to serve the Railway Administration as such until the order terminating his services. It appears that on certain accusations made against the petitioner for unlawful activities, he was arrested by the District authorities on 29-4-49 for trial un...


Sep 11 1958

Md. Kashim Mia Vs. Administration of Manipur

Court: Guwahati

Decided on: Sep-11-1958

T.N.R. Tirumalpad, J.C.1. This is a petition to revise the order of the learned District Magistrate in Criminal Ap peal No. 1 Order 1958, by which he confirmed the order of penalty passed against the petitioner by the E.A.C. in Misc. Case No. 18 Order 1958.2. The facts which gave rise to this petition are as follows:The Criminal Case--G. R. Case No. 405 Order 1954 out of which the Misc. Case No. 18 Order 1958 arose originated from a private complaint filed in June, 1954, against one Manir Ahamad and R. K. Amusana Singh, under Section 420 I. P. C. The case dragged on from June, 1954 to November, 1957 and underwent nearly 70 adjournments for one reason or other. For most of those hearings, both the accused who were on bail were present. It is found from a perusal of the order sheet that a few of those adjournments were necessitated by the absence of one or the other of the accused on the ground of illness. If a criminal case is dragged on in this fashion for a period of over 3-1/2 years...


Sep 02 1958

Jagadindra Nath Gupta Vs. Inspector General of Assam Rifles and ors.

Court: Guwahati

Decided on: Sep-02-1958

Sarjoo Prosad, C.J. 1. The petitioner Jagadindra Nath Gupta has moved for an appropriate writ for setting aside or quashing an order of discharge dated 12-3-55 passed against him by the Inspector General of Assam Rifles, Shillong, who is the first respondent to the application and also for a writ of Mandamus or any direction of the like nature enjoining upon the respondents to forbear from giving effect to that order. 2. The petitioner was appointed temporarily on 1-2-51 as a Lower Division Assistant in the office of the Inspector General of Assam Rifles on a scale of pay mentioned in the order of appointment in addition to certain allowances. It appears that he had been serving previously as an Upper Division Assistant in the office of the Controller of Emigrant Labour as Commissioner of Workmen's Compensation, Shillong, from where he was retrenched. The petitioner has referred to certain other appointments which he appears to have held ever since 1942 in semi-Government department...


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