Guwahati Court March 1959 Judgments
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The State Vs. B.K. Pal Choudhury
Court: Guwahati
Decided on: Mar-19-1959
Deka J. 1. This matter arises out of a criminal proceeding heard by this Court--or as a matter of fact two matters heard jointly and disposed of by one judgment dated 31-/-58. One was Govt. Criminal Appeal No. 11/1956 and the other was Criminal Appeal No. 168 of 1956 filed by one of the convicted persons. The Government appeal was against the order of acquittal in favour of three persons Mahendra Nath Barua, Lalit Mohan Chanda and Nikunjabehari Paul who were tried of an offence under Section 376, Indian Penal Code by the Court of Sessions with the aid of a jury and the other appeal was by Mahendra Nath Barua, one of the two accused convicted under Section 342, Indian Penal Code in the same trial on a verdict of guilty returned by the jury. The appellant Mahendra was sentenced to a fine of Rs. 1000/- in default to six months' rigorous imprisonment. The other accused Lalit Mohan Chanda. convicted under Section 342, Indian Penal Code did not appeal. The Court heard the two matters toget...
Murlidhar Jalan Vs. Income-tax Officer, Dibrugarh.
Court: Guwahati
Decided on: Mar-18-1959
MEHROTRA, J. - This is an application under article 226 of the Constitution of India praying for - (a) a writ of mandamus calling upon the respondents to withdraw, cancel or forbear from giving effect to the notices issued against the applicant under section 46 (5A) of the Income-tax Act; (b) a writ of certiorari calling upon the respondents to send for the records of the case and the proceedings be thereafter quashed; (c) a writ of prohibition calling upon the respondents to cancel or to forbear from giving effect to or in any way taking any steps in respect of the notices issued under section 46 (5A) of the Income-tax Act.The petitioner carries on business and is regularly assessed to income-tax under the Income-tax Act, hereinafter called the Act. Under section 5 (4) of this Taxation on Income (Investigation Commissioner) Act, 1947, the case of the petitioner was referred to the Income-tax Investigation Commission. An application was then made under section 8A of the said Income-ta...
Byomkesh Sanyal Vs. the State
Court: Guwahati
Decided on: Mar-13-1959
G. Mehrotra, J. 1. This is an appeal against an order of the Sessions Judge, Lower Assam Districts, dated 15-3-57, convicting the appellant under Section 436. I. P. Code, and sentencing him to three years' rigorous imprisonment. The appellant was tried by the Sessions Judge with the aid of a jury, and although in his charge to the jury the Sessions Judge indicated that he was not prepared to accept the evidence against the appellant and that the case was not established against him, yet he did not think it desirable to differ with the verdict of the jury and refer the case to this Court. He, therefore, agreed with the verdict of the jury and convicted the appellant. 2. The prosecution case is that on 5-1-54, the appellant committed mischief by setting fire to a certain room which belonged to the complainant Rupram Das but was in the use of the accused for the purpose of his homeopathic pharmacy. The appellant had taken the room on rent from the complaint. The room formed Part of a two...
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