Guwahati Court May 1959 Judgments
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Atar Khan Vs. the State
Court: Guwahati
Decided on: May-27-1959
C.P. Sinha, C.J.1. This is an application in revision against the appellate order of the Additional Sessions Judge, Upper Assam Districts confirming the conviction of the petitioner Under Section 188, I. P. Code, and modifying the sentence imposed on him.2. The short facts are as follows. On 26-12-55, a petition was filed by one Rani Begum before the Additional District Magistrate, Dibrugarh, alleging her dispossession from certain lands at the instance of the petitioner and mentioning therein that there was an apprehension of a Breach of the peace between the parties. The learned Magistrate, upon the petition itself, made an. order to the effect that the Moran Police should attach the disputed lands and submit a report Under Section 145, Cr.PCod,?. On 28-12-55. it is said that the Police attached the lands in dispute, and on 3-1-56, a petition was filed by said Rani Begum before the Additional District Magistrate alleging that the petitioner, in spite of the attachment of the dispute...
State Vs. Maibam Bidhu Singh and ors.
Court: Guwahati
Decided on: May-19-1959
T.N.R. Tirumalpad, J.C.1. This is an appeal by the State Under Section 417, Criminal P. C, against the judgment of the learned Sessions Judge in Sessions Trial No. 8 of 1958 dated 6-12-1958 by which he acquitted the three respondents of the charges Under Section 302, 1. P. C, against the first respondent and Under Section 302 read with Section 109, IPC against respondents 2 and 3.2. The ease of the prosecution in the lower Court was as follows:On the morning of 17-6-1957, H. Munal Singh of village Huikap (since deceased) went to his field for ploughing it. Yaima Singh, Jatra Singh, W. Ibotombi Singh, N. Yaimabi Singh and L. Apabi Singh who were P.Ws. 1 to 5 in the Sessions Court had also, been taken by the said Munal Singh to assist him in ploughing the land. While the ploughing was going on, the three accused persons along with one Ibomcha Singh (D. W. 3 in the Sessions Court) went to the place armed with Dao and sticks.The first accused Sidhu Singh (the first respondent herein), who...
NijamuddIn Mia and anr. Vs. Abdulhei Mia
Court: Guwahati
Decided on: May-18-1959
T.N.R. Tirumalpad, J.C.1. This is a petition for revision of the order of the learned Sessions Judge, Manipur, in Criminal Revision No. 53 Order 1956, by which he confirmed the order of conviction and sentence of fine of Rs. 20/- each passed on the two petitioners by the First Class Magistrate, Imphal, in Criminal Case No. 63 Order 1956.2. The petitioners were charged under Section 447 I.P.C. with having committed criminal trespass on the land belonging to the respondent Order 6-7-56. The land in question was said to be one sangam in extent and was part of what is known asNgangou Loukon. This Ngangou Loukon was originally a Government fishery and later it seems to have been thrown open for cultivation to the surrounding villagers in 1948-49, The lands were to be distributed according to the agreed proposal of the Village Committees and allotments were to be made and pattas to be issued by the Government. This was spoken to by the Supervisor Kanungo examined as a Court witness in the c...
Gopal Das Sindhi and ors. Vs. the State and anr.
Court: Guwahati
Decided on: May-12-1959
G, Mehrotra, J. 1. This is an application purporting to be one under Sections 439/561-A of the Criminal Procedure Code read with Article 227 of the Constitution, arising out of the following circumstances. 2. The accused petitioners are alleged to be tenants of Rameshwar Lal Bazaz opposite party No. 2 in respect of the ground floor and first floor premises of holding No. 56 of Ward No. 6 of the Gauhati Municipal Board where they are running a Lozens factory and are also residing. Some dispute arose between the landlord and the petitioner-tenant. The landlord filed an ejectment suit against the petitioners Nos. 1 and 3 being Title Suit No. 21 of 1958. According to the petitioners, opposite party got the first floor constructed with brick walls and corrugated iron sheets in pursuance of compromise) in proceedings under Section 145, Criminal Procedure Code, and executed a Hath-chitha in favour of the petitioners on 24th May, 1957 fixing a monthly rent of Rs. 125/- for the first floor. Th...
Tea Producing Co. of India Ltd. Vs. Shri Ram Labhaya, Industrial Tribu ...
Court: Guwahati
Decided on: May-06-1959
G. Mehrotra, J. 1. This is an application under Article 226 of the Constitution praying for a writ of prohibition directing the opposite party No. 1, the Industrial Tribunal, Assam, Gauhati, not to proceed with the adjudication of the dispute referred to it by the Government of Assam under the Notification dated 31-5-1957 and the corrigendum thereto being No. GIR. 361/55/11/72. The validity of the above notification issued by the Government of Assam under Section 10(1) of the Industrial Disputes Act, has been assailed. In the year 1952 the petitioner who is the owner of Rosekandy Tea Estate in Cachar closed down its gardens and terminated the services of its employees. On 24-2-1956 the Government of Assam by its Notification No. GIR. 361/55 (hereinafter referred to as the first reference) referred for adjudication to Sri R. Hazarika, Member of the Industrial Tribunal, Assam, the industrial dispute which is alleged to have arisen between the management including the gardens own-eel b...
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