Guwahati Court January 1961 Judgments
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Nathuram Darjee Vs. Pannalal Agarwala and anr.
Court: Guwahati
Decided on: Jan-31-1961
H. Deka, C.J.1. This rule was obtained by one Nathuram Darjee, at whose instance a case was started by the Police on a charge of theft against the two accused, Pannalal Agarwala and Ramgopal Agarwala. The order challenged is one dated 11th of October 1960 passed by the trial Magistrate by which the learned Magistrate purported to acquit the two accused under Section 258(1) of the Code of Criminal Procedure.2. A charge under Section 379 of the Indian Penal Code was framed against both the accused persons and it appears that on 11th October 1960 both the accused were present in court but none of the prosecution witnesses were present. The prosecuting Sub Inspector made an application to the Court for adjournment of the case on the ground that none of the prosecution witnesses were present, and he prayed for fixing another date on which he undertook to produce the prosecution witnesses.One of the accused persons, however, filed an affidavit on that day in the court to the effect that thr...
Laimayum Tonjou Singh Vs. Manipur Administration
Court: Guwahati
Decided on: Jan-27-1961
T.N.R. Tirumalpad, J.C.1. This is an appeal against the conviction and sentence of six months' R.I. of the appellant under Section 363 I.P.C. by the Additional Sessions Judge (I), Manipur, in Sessions Trial No. 23/11 of 1960.2. Besides the appellant there was one other accused who was charged in the Sessions case, but he was acquitted. The case against the appellant was that on 23.9.1959 in the evening at about 3 to 4 p. m, when P.W. 3 Yumlembam Ningol Tampaklei Devi aged below 15 years was returning to her house with plantain leaves, the appellant all on a sudden caught hold of her and dragged her and the other accused and another Kali Singh also appeared at the scene and in spite of the girl raising an alarm she was over-powered by the three persons and taken to the house of the appellant. From there she was again forcibly taken to Khurkhul village and made to spend the night in the house of an unknown person guarded by the three persons.The next morning she was again brought back t...
Ningthoujam Vs. Manipur Administration
Court: Guwahati
Decided on: Jan-24-1961
T.N.R. Tirumalpad, J.C.1. This is a revision against the order of the learned Additional Sessions Judge (II), Manipur, dismissing the appeal filed by the petitioner against his conviction under Section 323, I.P.C. passed by the First Class Magistrate, Bishenpur - Shri M. Nabakumar Singh and against the sentence of three weeks' R.I. imposed on him.2. There were two accused persons in the criminal case and one was acquitted by the Magistrate. The case against the petitioner was that on 15.8.1959 he assaulted one Jugol Singh when the latter went for taking fish from his Loos and caused a bleeding injury. The Magistrate Shri Nabakumar Singh, examined 6 P.Ws. between 13.10.1959 and 20.11.1959 before framing the charge and he adjourned the case to 16.12.1959 for the examination of the accused.3. On 16.12.1959, he questioned the accused persons in detail. One is unable to understand the purpose of such detailed examination at that stage of the case even before the Magistrate had decided whet...
Gopal Das Sindhi and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Jan-20-1961
S.J. Imam, J.1. This is an appeal by special leave against the decision of the Assam High Court dismissing the appellants' petition under Section 439/561-A of the Code of Criminal Procedure read with Article 227 of the Constitution.2 The appellants alleged that they were tenants of respondent Rameshwar Lal Bazaz, owner of the premises in Holding No. 56 of Ward 6 of the Gauhati Municipal Board. A dispute had arisen between the appellants and respondent Rameshwar Lal Bazaz concerning this holding which led to criminal and civil proceedings. The civil suit filed by the respondent Rameshwar Lal Bazaz was Title Suit No. 21 of 1958, and the civil suit filed by the appellants was Title Suit No. 78 of 1957. One of the criminal proceedings was under Section 145, which was compromised on May 24, 1957, resulting in a Hath-chitha in favour of the appellants fixing a monthly rent of Rs. 125 for the first 0oor of the holding in question. The ground floor was already leased out to the appellants at ...
Leimapokpam Guni Singh Vs. Union Territory of Manipur
Court: Guwahati
Decided on: Jan-17-1961
T.N.R. Tirumalpad, J.C.1. The petitioner in this case was sentenced to 6 months' S.I. under Section 6(b) of the Preventive Detention Act (hereinafter to be called the Act) by the S.D.M., I.W. in Criminal Case No. 748 of 1960. His appeal to the Sessions Judge against the said conviction and sentence was dismissed. Now he has come up in revision.2. During the recent agitation in Manipur in connection with the demand for Legislative Assembly the District Magistrate, issued an order Ext. A/2 on 14.8.1960 under Section 3(1)(a)(2) of the Act for tie detention of die petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in Manipur Territory. The Police Officer P.W. 2 went to execute die detention order on 15.6.1960 and raided the house of the petitioner with a Police party. But the petitioner was found absent and thereupon P.W. 2 made an enquiry about his whereabouts and found that nobody could tell him about the same and he learnt ...
HabijuddIn and ors. Vs. the State
Court: Guwahati
Decided on: Jan-11-1961
T.N.R. Tirumalpad, J.C.1. These four references arise out of four Criminal cases Nos. C. R. 68, 70, 66 and 67 of 1959 in which the first class Magistrate, Kamalpur sentenced the 4 accused persons (one in each case) under Rule 6(a) of the Indian. Passport Rules and sentenced each of them to a fine of Rs. 25/-. As the facts and the prosecution evidence to the four eases are more or less similar and as the Sessions Judge has made the references on the same ground in all the cases, I am dealing with them in one common order.2. The two constables Sona Sinha and Nepal Sarker arrested the 4 persons concerned in these references on 5-6-1959 at Muktabil on the ground that they were Pakistanis and produced them before Shri B. B. Paul the Officer-in-charge of Kamalpur Police station. The said officer is said to have interrogated them and found that they were Pakistanis who could not produce any valid traveldocument; He submitted reports for the prosecution of the 4 persons under Rule 6(a) of the...
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