Guwahati Court February 1960 Judgments

Thingujam Tona Singh and ors. Vs. Puyam Gulap Singh and ors.

Court: Guwahati

Reported in: 1961CriLJ507

1. This is an application under Section 561-A of the Criminal Procedure Code to quash the criminal proceedings in Criminal Case No. 107 of 1958, Pending before the S.D.M., Thoubal.2. The facts leading to this application are briefly thus: The first respondent herein filed a complaint before the District Magistrate on 18-10-58 against the 3 petitioners and two others under Sections 143/147/447/506 I. P. G stating that they formed themselves into an unlawful assembly with the common object of committing criminal trespass on the ingkhol under patta No. 100/212-Kh. and that they trespassed and ploughed the land by force. The case was taken on file and transferred to the S.D.M., Thoubal for trial. One of the accused was absconding and the Magistrate proceeded against the remaining 4 including the petitioners under Section 447 I.P.C. On 18-4-1959, the Magistrate explained the Particulars of the offence to the accused as required under Section 242 Cr. P.C. in summons cases and the accused ple...

Thingujam Tona Singh and ors. Vs. Puyam Gulap Singh and ors.

Court: Guwahati

Reported in: 1961CriLJ507

ORDERT.N.R. Tirumalpad, J.1. This is an application under Section 561-A of the Criminal Procedure Code to quash the criminal proceedings in Criminal Case No. 107 of 1958, Pending before the S.D.M., Thoubal.2. The facts leading to this application are briefly thus: The first respondent herein filed a complaint before the District Magistrate on 18-10-58 against the 3 petitioners and two others under Sections 143/147/447/506 I. P. G stating that they formed themselves into an unlawful assembly with the common object of committing criminal trespass on the ingkhol under patta No. 100/212-Kh. and that they trespassed and ploughed the land by force. The case was taken on file and transferred to the S.D.M., Thoubal for trial. One of the accused was absconding and the Magistrate proceeded against the remaining 4 including the petitioners under Section 447 I.P.C. On 18-4-1959, the Magistrate explained the Particulars of the offence to the accused as required under Section 242 Cr. P.C. in summons...

Chouthmal Kejriwal Vs. Commissioner of Income-tax, Assam.

Court: Guwahati

MEHROTRA, J. - The following question of law has been referred to us for opinion by the Income-tax Appellate Tribunal, Calcutta Bench, under section 66 (1) of the Indian Income-tax Act (hereinafter called "the Act") :"Whether on a proper construction of the provision of section 16 (3) (a) (ii) of the Indian Income-tax Act the interests earned by the minor sons of the assessee were liable to be included in the total income of the assessee in these cases ?"The assessee Chouthmal Kejriwal, is a partner of the registered firm M/s. Bhimraj Chouthmal. Chouthmal had four sons. Two of them Prasanna and Om Prakash are minors and the other two Loknath and Gaurisankar are majors. For the assessment year 1954-55 in the account of Prasanna Kumar a sum of Rs. 9,547 has been credited - Rs. 7,056 as share of profit and Rs. 2,491 as interest. In the account of Om Prakash a total sum of Rs. 9,536 is credited which comprises of Rs. 7,055 as the share of his profit and Rs. 2,481 as in...

Paltu Goswami Vs. Ram Kumar Das

Court: Guwahati

T.N.R. Tirumalpad, J.C.1. This is a reference made by the Sessions Judge Under Section 438, Criminal Procedure Code recommending that the order of conviction and sentence of the petitioner passed by the Munsiff Magistrate of Khowai Under Section 379 IPC in Criminal Case No. 18 of 1957 should be set aside.2. The petitioner one Paltu Goswami and another Haridhan Goswami were the two accused persons before the Magistrate. Haridhan Goswami was a young lad aged 12 years. They were charged Under Section 379 IPC on a complaint filed by the respondent that on the morning of 18-8-1957 they removed some jute plants which were kept by the respondent in a pond for the purpose of wetting. They denied the offence. According to them, the pond belonged to the 1st accused and was surrounded by his paddy lands and the respondent kept his jute dipped in the said pond and all that they did was to remove the jute from the said pond in private defence of property and kept it in the adjacent paddy land. The...

Bishnuram Ruhidas and ors. Vs. Mahammed Majahar and ors.

Court: Guwahati

T.N.R. Tirumalpad, J.C.1. This is an appeal against acquittal. The appellant filed a complaint on 2-11-1955 before the Magistrate alleging that on 22-9-1955 at about 10 A.M. the respondents along with 50 to 60 other persons whose names were not known to him formed themselves into an unlawful assembly with lathis and various other weapons with a view to cause damage to the appellant's field in the village of Erani with the help of 30 or 32 cattle, 3 buffaloes and one elephant and that when the complainant went out to drive away the animals from the field, he was assaulted by some of the members of the unlawful assembly arid when two others Ramcharitra and Mahabir came to his help, some of the members of the assembly assaulted and hurt them and further that the accused stopped beating the complainant and went away when objections were raised by same of the persons assembled and also that the animals let loose by the respondents caused damage of about Rs. 200/- by trampling upon the padd...

Satyendra Kumar Pal and anr. Vs. Collector of Central Excise and Land ...

Court: Guwahati

G. Mehrotra, J.1. The petitioners Satyendra Kumar Pal and Manir AH have filed an application under Article 226 of the Constitution for a writ of certiorari quashing the order Of the Collector of Central Excise and Land Customs, Shillong dated 17 9 1959 and further for a writ of mandamus directing the opposite parties the Collector of Central Excise and Land' Customs, Shillong and Assistant Collector of Central Excise and Land Customs, Gauhati Division not to give effect to the order referred to above.2. The facts giving rise to the order impugned are that the Preventive Intelligence Officer, Gauhati on the receipt of information that there were certain goods of illicit origin in the godown of Sri Tolaram Jain searched it on 28 2 1959 on the strength of a search warrant. In the course of the search 43 bags of dry betel nuts weighing 84 Mds. 7 Srs. were found in the godown. Besides this the godown also had 3 1/2 bags of betel nuts and some chests and bags of tea.Sri Tolaram Jain said th...