Guwahati Court July 1961 Judgments
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Haobam Nongyai Singh Vs. Oinam Tomba Singh and ors.
Court: Guwahati
Decided on: Jul-31-1961
T.N.R. Tirumalpad, J.C.1. In this revision petition, the petitioner seeks to have the order of the Additional District Magistrate, Manipur, dated 3.1.1961, transferring the two criminal cases No. 54(7)/59 of B.P.S. and No. 6 of 1959, pending trial in the Court of S.D.M., Bishenpur to the Court of S.D.M. Mao, set aside.2. Both the criminal cases arose out of the same allegations, namely, that the first respondent to whom the petitioner had entrusted 3 buffaloes had cheated, him by selling two of the buffaloes to the second respondent and the 3rd buffalo to the 3rd respondent. The Criminal Case No. 54(7)/59 was originally pending before the S.D.C., Bishenpur and Criminal Case No. 6 of 1959 was pending before the S.D.M., Bishenpur. The petitioner applied in October, 1959 to the Sessions Judge for the transfer of Criminal Case No. 54(7)/59 to a Court in Imphal and the first respondent also applied to the Sessions Judge for transfer of both the cases to any Magistrate in Imphal. The learne...
State of Assam Vs. Suleman Khan and anr.
Court: Guwahati
Decided on: Jul-13-1961
G. Mehrota, J.C.1. This is an application in revision on behalf of the State against the order dated the 9th November 1960 passed by the Additional Sessions Judge, Upper Assam Division, Dibrugarh in appeal. The facts ate that one Suleman Khan who was the driver of a Motor Vehicle was tried under Section 123 of the Motor Vehicles Act and sentenced to three months simple imprisonment and to pay a fine of Rs. 1000/- in default to simple imprisonment for three months by the District Magistrate at Dibrugarh. The other accused Lalan Pathan was also tried along with Suleman Khan under Section 123 of the Motor Vehicles Act read with Section 114, I.P.C. and sentenced to pay a fine of Rs. 200/-in default to simple imprisonment for one month by the District Magistrate. On appeal the additional Sessions Judge has held that the trial was not legal inasmuch as the provisions of Section 130, Motor Vehicles Act and Section 342,Cr. P.C. were not followed in the present case. He has allowed the appeal,...
Samjid Ali Vs. MatasIn Ali and ors.
Court: Guwahati
Decided on: Jul-10-1961
G. Mehrotra, C.J.1. This is a revision against the order of the Magistrate, Nowgong dated the 7th November 1960. The fact, leading up to this order are that the present petitioner filed an application under Section 145, Criminal Procedure Cods on the 20th October 1960 alleging that the petitioner was entitled to possession but his possession has been disturbed by the second party Abdul Matlib and that there was likelihood Of the breach of the peace. The Magistrate alter examining the internals placed before him was satisfied that there was a likelihood of the breach of peace over the disputed land. He accordingly passed a preliminary order and further directed the attachment of the land and the standing crops. Notices were issued to the parties to show their title to the land or the right to remain in possession. The notices called upon the parties to file their respective evidence on the 28th November 1960.In the meantime it appears that the second party who are impleaded as opposite...
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