Guwahati Court December 1961 Judgments
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Promode Chandra De Vs. Nirmalendu Dev Nagendra Nath Dev
Court: Guwahati
Decided on: Dec-29-1961
T.N.R. Tirumalpad, J.C.1. This is an application under Section 561-A by one Promode Chandra De who was examined as a witness before the first class Magistrate Shri S.C. Roy at Kamalpur in C.R. case No. 29 of 1960 to expunge certain remarks and observations made by the Magistrate against the petitioner in the judgment in the case.2. The petitioner was the assistant Headmaster of the Kamalpur Higher Elementary School and was in charge as Headmaster on the date of occurrence namely, 13-7-60. As such acting Headmaster he had filed a petition under Section 107 Criminal Procedure Code for keeping the peace against 10 students in the school including Niramalendu Dev who was the accused in C.R. case No. 29 of 1960. That petition was transferred to this first class Magistrate Sri S.C. Roy for disposal and was pending before him. In the said petition, the 10 students had called for certain records to be produced from the School.3. It was at that time that the occurrence alleged in C.R. case No,...
Abdul Noor and anr. Vs. Siraj Ali and anr.
Court: Guwahati
Decided on: Dec-22-1961
T.N.R. Tirumalpad, J.C.1. These two criminal revisions are totally unconnected. But I am dealing with them together, because the same points of law have been raised in both of them. Both the cases arise out of proceedings under Section 145, Cri. P. C. Both the cases were before the sub-divisional Magistrate Shri A. Bhattacherjee and he drew up the proceedings under Section 145 and held the enquiry. In both the cases the lands were attached and Sri. A. Bhattacherjee referred the matters to the Court of the Munsiff Dharmanagar to decide the question as to which party was in possession of the subject-matter on the respective dates of the proceedings. The Munsiff decided the question and sent back the records to the S. D. M. Dharmanagar. But Shri A. Bhattacherjee had by that time ceased to be the S. D. M. Dharmanagar, but continued as a first class Magistrate at Dharmanagar. So he dealt with both the matters instead of the S. D. M. Dharmanagar and he passed the orders in accordance with t...
Jogendra Nath Banthao Vs. the State
Court: Guwahati
Decided on: Dec-21-1961
G. Mehrotra, C.J.1. Appellant Jogendra Nath Bantha has been convicted by the Deputy Commissioner, Garo Hills, under Section 304, Part B, Indian Penal Code and sentenced to six years rigorous imprisonment. On the 15th April, 1960, is the afternoon, the appellant is alleged to have shot his mother Chattai Ravani with a gun. The deceased was taken to the Lakhipur Hospital, where she died Next day, the appellant sent an intimation to the Phulbari Police station that there was an accident in his house through a messenger. The Police investigated the case and submitted a charge sheet The appellant was charged under Section 302, Indian Penal Code. He pleaded not guilty to the charge. The prosecution examined a number of witnesses. Mst. Sonai Habhani (P.W. 1), a sister of the appellant, states that she was living in the same compound with the accused. In the afternoon, when she was working in the house, she heard a gun fire. Coming out, she saw her mother lying near the kitchen and she found ...
State of Assam Vs. S. JamaluddIn and anr.
Court: Guwahati
Decided on: Dec-18-1961
G. Mehrotra, C.J.1. These two appeals raise common questions and can be disposed, of by one judgment. Both the appeals are against the accrual passed by the Magistrate, First Class, Silchar.2. Respondent Jamaluddin is the husband Of Musst. Aburunnessa Bibi who is the respondent in the other appeal. Jamaluddin was prosecuted Under Section 14 of the Foreigners Act. The charge against him was that he left India in the year 1950 and returned sometime in 1954 under ,a Pakistan passport. He overstayed in India and thus committed breach of the passport rules. Notice was given to him1 in 1958 by the Deputy Commissioner, Cachar to leave India within sometime specified in the nice. He failed to leave the limits of the Cachar district' within the time specified in the notice. Thereafter he was prosecuted Under Section 14 of the Foreigners Act. The Magistrate has come to the conclusion that on the date when he returned to India in the year 1954 he was not a foreigner within the meaning of the For...
Haokhothang Vs. Otkhokai Kuki and ors.
Court: Guwahati
Decided on: Dec-11-1961
T.N.R. Tirumalpad, J.C.1. This reference has to be accepted. It arises out of proceedings Under Section 145 Cr.PC started at the instance of the petitioner who is the Chief of a Kuki village against the respondents who are certain Kukis of the said village who migrated to another village. The petitioner's complaint was that the respondents who were in possession of the lands in dispute left the said village on 11-4-1960 vacating the Ian3s, which were 'then taken possession of by the petitioner and other villagers and cultivated. Later the respondents attempted to re-enter the said lands on 25-7-1960 while the petitioner and his men were engaged in transplanting paddy and a breach of the peace became therefore imminent. The petition was filed on 27-7-1960. The learned Magistrate passed a preliminary order and kept the land under attachment and both parties filed written statements and affidavits in support of their respective cases. Thereafter the learned Magistrate passed a final orde...
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