Guwahati Court April 1961 Judgments
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Louriyam Leipal Singh and anr. Vs. the Manipur Administration and anr.
Court: Guwahati
Decided on: Apr-28-1961
T.N.R. Tirumalpad, J.C.1. This is an application under Section 561-A, Cri.P.C praying that the proceedings in Criminal Case No. 27 of 1960 pending before the S.D.M., I.W.T. may be quashed.2. One N. Leikhon Singh, filed the said criminal case before the S.D.M. on 7.3.1960 against the petitioners herein alleging, that on 4.3.1960, during his absence from the house, his wife, petitioner No. 2 eloped with petitioner No. 1 carrying away properties and money amounting to Rs. 767/- from, his house, that the petitioners have been since then living as husband and wife and that they were thus guilty under Sections 380, 494 and 496, I.P.C. The names of the prosecution witnesses were also mentioned in the petition of complaint. The Magistrate registered the case under Sections 494 and 109, I.P.C. He fixed the case for appearance of the petitioners to 1.6.1960. In the meantime, the complainant died.On 1.6.1960, a petition was fifed by the deceased complainant's brother stating that the complainant...
Dr. Nirmal Kumr Purkayastha Vs. Narayan Chandra Saha
Court: Guwahati
Decided on: Apr-21-1961
H. Deka, J.1. This case was referred to the Special Bench because of certain difference of views in the High Courts of the country on a point involved in this case, namely as to whether a servant could be held liable for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act.2. In this case, on 22nd August, 1958, the Food Inspector of Karimganj purchased twelve ounces of 'Sun Brand' mustard oil from M/s. Lok-natli Trading Company of Karimganj town for the purpose of analysis by Public Analyst after observing all formalities. The oil was found to be adulterated and accordingly a complaint was filed against the accused who was a salesman of M/s, Loknath Trading Company with sanction of Karimganj Municipal Board.3. The defence plea was that the oil was sold in the manner it was received from the producer mill and that the salesman did not know it to be adulterated. At the prayer of the accused the sample was further sent to the Central Food Laboratory,...
Anu Mia Abdul Alim and anr. Vs. Union of Tripura
Court: Guwahati
Decided on: Apr-21-1961
T.N.R. Tirumalpad, J.C.1. This is a revision petition against the conviction and sentence of the petitioners by the Assistant Sessions Judge in Sessions Case No. 17 of 1960, in which the first petitioner Anu Mia was convicted under Section 378, I.P.C. for committing rape on a girl Uria Khatun, (P.W. 3) aged 11 to 12 years, on 17.5.1959, at about noon in the village of Khupilong, and the second petitioner Abdul Rasid was convicted under the same section for committing the offence of rape on a girl called Lalmati, (P.W. 12) aged 14 years, the elder sister of Uria Khatun, at the same time and on the same date near the same place. Each of them was convicted and sentenced to 3 1/2 years' R.I. Both of them appealed to the Sessions Judge in Criminal Appeal No. 95 of 1960. But the appeal was dismissed and the Sessions Judge even remarked that the sentences passed on them were really inadequate, Now they have come up in revision.2. I have perused the entire evidence in the case, as it was stre...
Assan Ulla S/O Late Jalil Mia Vs. the State
Court: Guwahati
Decided on: Apr-19-1961
T.N.R. Tirumalpad, J.C.1. This is indeed a most atrocious case and disclosed an utter travesty of justice and this poor petitioner before me has been convicted and sentenced by the Magistrate for no other reason than that he havened to be a Muslim living in the Village of Chamban which is near the Pakistan border . I am only sorry that the learned Sessions Judge Shri S. C. Talukdar, dismissed the revision petition filed by the petitioner before him without making any attempt to see if the case against the petitioner has been proved or not.2. The petitioner was arrested on 7-10-50 Under Section 4 of the Indian Passport Act by P. W. 2, the Circle Inspector of Police on the ground that he was a Pakistan national who had. no landed property in this country and that he entered into India without any Passport or visa as transpired on enquiry made by 'the said officer. In the report submitted by P. W. 2 to the Court, it was stated that the petitioner was an employee of a contractor Shri Gane...
The State Vs. Abdul Mazid and ors.
Court: Guwahati
Decided on: Apr-19-1961
H. Deka, C.J.1. This is an application on behalf of the State purported to be one under Section 439 of the Code of Criminal Procedure against an order of the District Magistrate, Lakhimpur at Dibrugarh, dated 11th January 1961 in an application under Section 435 of the Code of Criminal Procedure.2. It appears that the police during investigation applied to the District Magistrate to direct die accused persons to be present in a test identification parade proposed to be held by the Police with the assistance of a Magistrate, to which the learned District Magistrate agreed and passed an order to that effect on 3rd of May 1960. It was against this order that the accused persons moved the Sessions Judge contending that it was not within the powers of the Police or the Magistrate to compel the appearance of the accused persons at a test identification parade unless they so desired. The learned Sessions Judge expressed his opinion in the following words:If they (the accused) refuse to atten...
Mahabir Prasad Garodia Vs. the State of Assam
Court: Guwahati
Decided on: Apr-19-1961
G. Mehrotra, J.1. The petitioner has been convicted by the learned Sessions Judge under Section 403 Indian Penal Code and sentenced to six months' rigorous imprisonment and a fine of Rs. 250/- in default rigorous imprisonment for four months more.2. The petitioner was tried by the Magistrate under Section 411 Indian Penal Code and convicted and sentenced by the Magistrate under the said section. On appeal, the learned Sessions Judge found that the accused could not be convicted under Section 411 Indian Penal Code and thus alter-ed the conviction to one under Section 403 Indian Penal Code and reduced the sentence.3. Briefly the prosecution case is that certain bales of cloth were stolen from Barge No. 9 at Amingaon. They were found unloaded and kept in the godown of the petitioner from the lorry. There were a large number of persons who were suspected of being responsible for the theft including the coolies and some of the Railway employees, but we are not concerned with them, as some ...
Hiranmoy Biswas Vs. the State
Court: Guwahati
Decided on: Apr-18-1961
T.N.R. Tirumalpad, J.C.1. The Sessions Judge has made this reference under Section 438 Cri.P.C. with a recommendation that the order of the S.D.M., Khowai, dated 16.3.60, issuing notice to the sureties Shri Hiranmay Biswas and Jagneswar Kar to show cause why the bail bond executed by them on 12.10.57 to produce one Surendra Kumar Nath in the Court of the S.D.M. on each date to be fixed, should not be forfeited, should be set aside.2. Surendra Kumar Nath was arrested by the Inspector of Land Customs, under Section 173 of the Sea Customs Act, 1878 for illegal possession of 13 pieces of Arabiah and London gold. He was produced before the S.D.M., Khowai under Section 174 of the said Act with a covering letter from the said Inspector stating that pending intimation to the Customs Collector, Shillong the arrested person was being sent, for favour of necessary action under Section 175 of the said Act. Section 175 of the Sea Customs Act is as follows:When any such person is taken before a Mag...
Arambam Manikchand Singh and ors. Vs. the Manipur Administration
Court: Guwahati
Decided on: Apr-12-1961
T.N.R. Tirumalpad, J.C.1. The S.D.M., Imphal East, Manipur, convicted 10 persons under Section 4 of the Public Gambling Act in G. R. Case No. 412 of 1959 and sentenced each of them to pay a fine of Rs. 50/-. Six of the convicted persons applied in revision to the Sessions Judge. The Sessions Judge has referred the matter to this Court under Section 438, Cri.P.C. with a recommendation in the conviction of the petitioners before him should be set aside.2. The facts are as follows:On 10.6.1959, the Inspector-General of Police issued a search warrant-Ext. A/4 under Section 5 of the Public Gambling Act to the Officer in Charge, Imphal Police Station, authorising and requiring him to search the house of Shri A. Manikchand Singh, Jailor, Imphal Jail stating that information has been laid before him and on due enquiry he has been led to believe that the said house was used as a place of gambling liable to be charged under Section 3 of the Gambling Act.On 11.6.1959, the Deputy Superintendent o...
Cinnamara Tea Estate Vs. Labour Court
Court: Guwahati
Decided on: Apr-04-1961
G. Mehrotra, J.1. This rule arises of out of an application under Article 226 of the Constitution praying for issue of a writ of certiorari, mandamus or any other appropriate writ quashing the award of the labour court, Assam, dated 15 September I960.2. By notification, dated 29 July 1959, the following points were referred to the labour court, Assam, for adjudication by the State Government of Assam:(1) Whether the termination of services of Banamali Pradhan, a sirdar is justified?(2) If not, is he entitled to reinstatement or any other relief in lieu thereof ?The labour court by its award, dated 15 September 1960, held that the workman deserves some punishment and that it was evident from the facts and circumstances that the workman was negligent in performing his duty on 8 March 1958, in not reporting against the labourer or labourers who did dot mind his warnings and tried to be in a hurry and thus the action of the manager in giving some punishment to him cannot be challenged. He...
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