Guwahati Court June 1959 Judgments
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Promode Ranjan Saha and anr. Vs. the State
Court: Guwahati
Decided on: Jun-10-1959
T.N.R. Tirumalpad, J.C.1. Biswambar Datta, the appellant in the Jail Appeal No. 4 of 1959 was the nrst accused in Special Court case No. 5 of 1958 before the Special Judge, Tripura in which he was convicted Under Section 161 l.P.C. and sentenced to 6 months' R.I, Promode Ranjan Saha, the appellant in Criminal Appeal No. H of 1959 was the Second accused in the said case who was convicted by the Special Judge Under Section 165A IPC for abetment of the offence by the first accused and sentenced similarly to 6 months' R.L The appellant in Criminal Appeal No. 3 of 1959 appeared by counsel while the appellant in Jail Appeal No. 4 of 1959 was unrepresented by counsel though he was present in person. The learned Advocate who appeared for Promode Ranjan Saha was kind enough to argue the case for Biswambar Datta also, as there was no conflict between the cases of the two appellants.2. On 11-9-1957 one Osman Ali Sarda (P.W. 1) of town Pratapgarh who had obtained the permit Ext. 4 from the Distri...
Mahesh Chandra Acharya Vs. Krishna Chandra Rudrapal and ors.
Court: Guwahati
Decided on: Jun-08-1959
T.N.R. Tirumalpad, J.C.1. This is an application for revision against the order of the learned Sessions Judge, Tripura refusing to interfere with the order of the 1st class Magistrate, at Agartala dismissing the petition filed by the petitioner (1st party) for an order Under Section 145 Cr. P.C.2. The first party applied to the Magistrate Under Section 144 Cr. P.C. stating that the second party were trying to cut away the crops raised by him in a land belonging to him measuring 2 kanis and that he apprehended breach of the peace. The Police from whom the Magistrate called for a report also stated that there was apprehension of breach of the peace. The Magistrate then drew up proceedings Under Section 144. Then be member of the second party appeared before the Magistrate and filed a written statement stating that he was in possession of the property in dispute and that he also apprehended a breach of the peace if the first party attempted to reap the paddy in the land. He also prayed t...
Suresh Chandra Bhowmik Vs. Haridas Dev Nath and ors.
Court: Guwahati
Decided on: Jun-08-1959
T.N.R. Tirumalpad, J.C.1. This is an appeal Under Section 417 (3) Cr.PC against the acquittal by the learned 1st class Magistrate, Sadar, Agartala of the 10 accused persons in C. R. No. 312 of 1957. Special leave was obtained from this Court to file the appeal.2. The case of the prosecution was that on 9-5-1957 at about 6 P.M. the accused persons along with others armed with various weapons entered the paddy land measuring 2 kanis 6 pandas 2 karas and 2 krauts belonging to the appellant and P, W. 2 and destroyed the paddy crop therein causing a damage of Rs. 200/-. The appellant and P.W. 2 had purchased the said land under the title deed Ext. P-l dated 19-10-1955 from one Jharu Meah and wag in possession of the said land ever since then and cultivating the same until the day of occurrence on 9-5-1957 when the accused persons along with many others entered the said land and caused the damage. The accused persons were charged Under Sections 143, 447 and 427 IPC before the Magistrate.3. ...
Ajoy Kumar Mukherjee Vs. Local Board of Barpeta and ors.
Court: Guwahati
Decided on: Jun-08-1959
Mehrotra, J. 1. This Rule was issued on an application under Article 226 of the Constitution praying for a writ of certiorari or any other writ of like nature quashing the order passed by the Local Board of Barpeta Sub-division and further for a writ of mandamus directing the Barpeta Local Board not to give effect to its order for payment of license fees fixed by the Local Board, Barpeta, hereinafter called the Board, in respect of Kharma Hat owned by the petitioner. The petitioner states that he is the proprietor of Nisf Khiraj land covered by Patta No. 2 at village Ata, Mouza Bhawanipur in the district of Kamrup. In the year 1936 he opened a Hat on the aforesaid land in order to meet the needs of the neighbouring people. After sometime the Hat was settled by public auction with different people who realised the dues from the persons who carried on their business in the said Hat. The petitioner further states that he had to incur huge expenditure for upkeeping and maintaining the H...
Julu Mia Vs. Golam Hussain
Court: Guwahati
Decided on: Jun-08-1959
T.N.R. Tirumalpad, J.C.1. In this reference the question involved is whether a Magistrate before whom proceedings Under Section 133 of the Criminal Procedure Code had been started in respect of the obstruction of an alleged public pathway could ignore the provisions of Section 139A Cr. P.C. and proceed to decide the dispute between the parties straightaway Under Section 137(3) or 138 Cr. P.C.2. The first party herein applied to the Magistrate Under Section 133(1) Cr. P.C. stating that the second party had unlawfully obstructed a public pathway leading to a tank in the village. The Magistrate thereupon asked for a report from the Surveyor. On receipt of the said report, he drew up a conditional order Under Section 133 being satisfied that a public pathway existed and that the second party had obstructed the said pathway and he called upon the second party to remove the obstruction within 15 days or to show cause against the order being made absolute.3. Section 139A Cr. P.C., lays down ...
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