Guwahati Court March 1961 Judgments

Badshah Khan Vs. Dist. Magistrate of Lakhimpur and ors.

Court: Guwahati

G. Mehrotra, J.1. The petitioner was granted a gun license on 21st of November 1951 covering gun No. 16203 BSA. During the period of continuance of his license, the District Magistrate by his order dated the 11th of March 1959, cancelled the aforesaid gun license. By means of this present petition, under Article. 223 of the Constitution of India the petitioner has asked for a writ of mandamus directing the opposite parties to cancel and not to give effect to the order dated the 11th of March, 1959.2. After the order was passed by the District Magistrate on the 11th of March, 1959, it appears that the petitioner filed an appeal to the proper authority. The appellate authority by its order dated the 1st of April, 1960 disposed of the appeal and held that as the petitioner had already applied for review to the District Magistrate of his previous order, the appeal could not be entertained. The appellate authority, however, expressed a hope that the District Magistrate will consider the re...

Tarapada and ors. Vs. the State

Court: Guwahati

G. Mehrotra, J.1. These two appeals arise out of the same Judgment and can be disposed of by one common judgment. Accused Tarapada Shihi has been convicted under Section 304 read with Section 113, Indian Penal Code and has been sentenced to five years' rigorous imprisonment. The other six appellants in Criminal Appeal No. 22 of 1960 have been convicted under Section 304, Part II read with Section 34 of the Indian Penal Code, and, Ura Koya and Irma Koya have been sentenced to eight years' rigorous imprisonment each and the other four appellants Budhu Koya, Lakhan Koya, Dewa Koya and Prem Bahadur have been awarded a sentence of five years' rigorous imprisonment each,2. The appellant Tarapada Shihi is the manager of The Chikanmati Tea Estate. The prosecution case is that the deceased Amulya Ratan Ganguli was occupying a portion of the garden land without any authority and he had constructed a brick house on that land. On or about 3rd of December 1958 he had made that unauthorised constru...

Easih Mia and anr. Vs. Tripura Administration

Court: Guwahati

T.N.R. Tirumalpad, J.C.1. In this reference the learned Sessions Judge has recommended that the orders of the District Magistrate dated 10.5.60 and 30.5.60, forfeiting the bail bond given by the two sureties for the appearance in Court of one Suruj Mia Bhuiya and calling upon the sureties to pay the penalty and ordering distress warrant for the realisation of the penalty, should be set aside.2. To understand the points involved in this reference the following facts have to be stated:Suruj Mia Bhuiyan was arrested by the Sonamura Police on 12.5.58 under Section 54 Cri.P.C. and under Section 4 of the Indian Passport Act and produced before the S.D.M. Sonamura on 13.5.58 with a report by a police officer that ho was arrested under the said sections suspecting that he was a Pakistani national and that he had come to India with a view to commit some cognizable offence. The S.D.M. remanded him to custody, but subsequently on 26.5.58 granted him bail on condition that he lived within Sonamur...

Raj Kumar Paul Vs. Amar Chand Das and ors.

Court: Guwahati

T.N.R. Tirumalpad, J.C.1. The learned Sessions Judge has made this reference under Section 438 Cr.P.C. with a recommendation that the order of acquittal of two of the respondents namely, Narayan Das and Atindra Das dated 13.11.59 may be set aside and that the Magistrate may be directed to retry the case according to law.2. The case arose out of a complaint filed by the petitioner herein before the sub-divisional Magistrate, Dharmnagar on 6.10.58 against the 4 respondents under Section 323 and 392 I.P.C. The Magistrate adopted warrant procedure in the trial as Section 392 I.P.C. will make it a warrant case. 5 prosecution witnesses were examined and cross-examined before charge. Then he found that no case under Section 392 I.P.C. was made out against any of the respondents. So he dis1 charge all the respondents under Section 253(1) Cr.P.C. in respect of the offence under Section 392 I.P.C. on 3.7.59. But he found that against the two respondents Narayan Das and Atindra Das there was evi...

Satish Chandra Ghosh and ors. Vs. Radha Ballav Dalal

Court: Guwahati

T.N.R. Tirumalpad, J.C.1. The petitioners have come up to this Court in revision against their conviction and sentence of fine passed by Shri K.P. Datta first class Magistrate, Agartala for theft under Section 379, I.P.C. Their appeal No. 32 of 1960 before the Sessions Judge against the said conviction and sentence was dismissed.2. The case against the petitioners was that on 17.9.1956 they removed fish, in spite of protest by the respondent's care-taker P.W. 2, from a cei1-tain tank in jote No. 17 which belonged and was in the possession of the respondent Radha Ballav Dalal by purchase under a Kabala dated 2.4.1955 from one Indoprova Devi. It was stated in the petition of complaint that the petitioners did so out of evil motive and greed. It was also stated in the complaint that the fish in the tank had been reared by the complainant after his purchase from Indoprova Devi and further that the value of the fish taken away will be about Rs. 50 to 60.3. The defence of the petitioners wa...

The State Vs. Chand Meah and ors.

Court: Guwahati

Reported in: 1961CriLJ299

1. These are 11 applications for leave to appeal to the Supreme Court under Article 134(l)(c) of the Constitution. The respective respondents in the various applications were convicted and sentenced under Section 26(l)(h) of the Indian Forest Act in separate criminal cases in the Magistrate's Court and their appeals to the Sessions Judge were dismissed and the convictions and sentences confirmed. In the further revisions they filed to this Court, they were all acquitted by me on the ground that the charges under Section 26(l)(h) cannot be sustained.2. They were charged for clearing and breaking up land for cultivation in certain forests which the prosecution claimed to be Reserved Forests under Section 20 of the Indian Forest Act. Three such Forests were involved in the various cases in respect of which three notifications had been issued by the Maharajah of Tripura long before the integration of Tripura into the Indian Union in 1949. The said notifications were issued under Section 5 ...

The State Vs. Chand Meah and ors.

Court: Guwahati

Reported in: 1961CriLJ299

ORDERT.N.R. Tirumalpad, J.1. These are 11 applications for leave to appeal to the Supreme Court under Article 134(l)(c) of the Constitution. The respective respondents in the various applications were convicted and sentenced under Section 26(l)(h) of the Indian Forest Act in separate criminal cases in the Magistrate's Court and their appeals to the Sessions Judge were dismissed and the convictions and sentences confirmed. In the further revisions they filed to this Court, they were all acquitted by me on the ground that the charges under Section 26(l)(h) cannot be sustained.2. They were charged for clearing and breaking up land for cultivation in certain forests which the prosecution claimed to be Reserved Forests under Section 20 of the Indian Forest Act. Three such Forests were involved in the various cases in respect of which three notifications had been issued by the Maharajah of Tripura long before the integration of Tripura into the Indian Union in 1949. The said notifications we...

Anuara Begum Vs. Habil Mea

Court: Guwahati

T.N.R. Tirumalpad, J.C1. The Sessions Jodge has made this reference with a recommendation that the order of the first class Magistrate, Amarpur dated 30-3-60 issuing a search warant for the production of the petitioner and the subsequent order of the same Magistrate dated 31-3-60 making over the petitioner to the custody of her husband were bad in, law and should be vacated.2. The respondent, who is the husband of the petitioner, filed a complaint Under Section 498 IPC before the said Magistrate on 30-3-60 against three persons, his mother-in-law, his brother-in-law and a relative of theirs alleging that any have keep his wife, the petitioner aged 17 or 18 years and confined her after taking her away from her husband's custody with a view to getting her married to another person.He therefore prayed that there may be police investigation. The Magistrate examined the complainant and in his examination he stated that his wife went for courtesy visit to her mother on the 8th Citra and tha...

Dova of Lungdai Vs. the State

Court: Guwahati

H. Deka, C.J.1. This rule was obtained by the accused who was convicted under Section 497 of the Indian Penal Code by the First Class Magistrate at Aijal and sentenced to one year's rigorous imprisonment and a fine of Rs. 1000/-. On an appeal to the Deputy Commissioner, the sentence was reduced to a fine of Rs. 1,000/- only. It is against this order of the appellate Court that the petitioner moved this Court and obtained a rule.2. The ease for the prosecution was that Tlangbiakthanga of Lungdai filed a complaint against the accused Dova of Lungdai for alleged commission of an offence of adultery with his wife Hmangaihi. His case was that he was working in an operational area after his marriage leaving his wife at his house at Lungdai village since 1957 as the service men were not allowed to take their wives and children with them while working in an operational zone.It was alleged that the accused who is a school teacher took advantage of his absence and carried on love affairs with h...

Nandlal Agarwal and Another Vs. Commissioner of Income-tax, Assam.

Court: Guwahati

MEHROTRA C.J. - By an order of this court, a statement of the case was called for from the Income-tax Appellate Tribunal, Calcutta Bench, and the Tribunal was directed to refer the following question of law for opinion to this court :"Whether, in the circumstances of the case, the Tribunal was justified in assessing the income of the minors in the hands of the guardians as the income of a Hindu undivided family ?"The assessment year is 1954-55 and the accounting year is 1953-54. One Kishanlal Agarwal was assessed as an individual in respect of the income arising from the business carried on in the name of Shri. Krishna Rice Mills. Kishanlal died in the year 1950 leaving his widow and his two minor sons - Basant and Ashok. In the year 1952, his widow died, and, after her death, the family consisted of her two sons - Basant and Ashok - who were minors. An application was, therefore, made before the Subordinate Judge, Nowgong, praying that a guardian be appointed of the minors ...