Guwahati Court April 1960 Judgments

Birendra Chandra Banik Vs. Adhir Chandra De

Court: Guwahati

T.N.R. Tirumalpad, J.C.1.The Petitioner was convicted by the first class Magistrate, Agartala under Section 297 of the Tripura Municipal Act and sentenced to pay a tine of Rs. 25/- and in addition to pay a daily fine of Rs. 5/- from 26-6-1958 until the removal of the latrine unauthorisedly built in his house without the permission of the Agartala Municipality. He filed a revision against the conviction and sentence before the Sessions Judge but it was dismissed. Hence he has come forward in revision to this Court.2. The facts leading to this application are as follows:On 18-1-1955 one Kalyani Banik got a lease from the Maharaja of Tripura of a plot of land in the Palace Compound and she built a house therein. The Petitioner is the husband of the said Kalyani Banik and they have been living together in the house ever since. Nripendra Chandra Paul, P. W. 4 was the lessee of the neighbouring plot and had his house thereon. On 22-6-1956 Nripendra Chandra Paul put in a petition Ext. P-7 t...

Hari Dayal Singha Vs. Bhajan Chandra Saha

Court: Guwahati

Reported in: 1961CriLJ296

1. This is an application under Section 561-A Cri. P.C. for quashing the proceedings before Shri K. P. Datta, Magistrate First Class, Agartala in Criminal Case No. 7S7 of 1957.2. The respondent gave Criminal complaint on 7-6-57 against the petitioner under Section 489 I.P.C. before the said Magistrate in respect of the Chassis and Engine of a motor vehicle. The Magistrate registered the case as C. R. Case No. 424 of 1957. The Magistrate examined the complainant and issued summons to the petitioner to appear before him on 26-6-1957. The petitioner appeared on that date.It was a summons case and on the appearance of the petitioner, the Magistrate should have-followed the procedure under Section 242 Cri. P.C. and stated to him the particulars of the offence of which he was accused and asked him if he has any cause to show why he should not be convicted. But this Magistrate did not follow the procedure. In fact, I have had occasion to find in many summons cases in this Territory that the M...

Hari Dayal Singha Vs. Bhajan Chandra Saha

Court: Guwahati

Reported in: 1961CriLJ296

ORDERT.N.R. Tirumalpad, J.1. This is an application under Section 561-A Cri. P.C. for quashing the proceedings before Shri K. P. Datta, Magistrate First Class, Agartala in Criminal Case No. 7S7 of 1957.2. The respondent gave Criminal complaint on 7-6-57 against the petitioner under Section 489 I.P.C. before the said Magistrate in respect of the Chassis and Engine of a motor vehicle. The Magistrate registered the case as C. R. Case No. 424 of 1957. The Magistrate examined the complainant and issued summons to the petitioner to appear before him on 26-6-1957. The petitioner appeared on that date.It was a summons case and on the appearance of the petitioner, the Magistrate should have-followed the procedure under Section 242 Cri. P.C. and stated to him the particulars of the offence of which he was accused and asked him if he has any cause to show why he should not be convicted. But this Magistrate did not follow the procedure. In fact, I have had occasion to find in many summons cases in...