Guwahati Court August 1961 Judgments
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Shyam Charan Saha and anr. Vs. Sub-divisional Magistrate
Court: Guwahati
Decided on: Aug-29-1961
T.N.R. Tirumalpad, J.C.1. These two Writ petitions have been taken up together as the facts in both the cases are more or less the same and as the same questions of law are involved.2. Shyama Charan Saha is the petitioner in Writ petition No. 29 of 1959. He states that he has been dealing m foreign exchange namely, Pakistan currency notes and coins as a business openly and publicly in his shop situated in Belonia Bazar for about six years past without any hindrance or objection from the police or customs authorities. On 25-2-59 the Officer-in-charge of Belonia police station, along with Sri Badal Dutta, a Sub-Inspector of police and Sri Prabir Chandra Deb Burma, an A. S. I. came to the Belonia Bazar at 10 A.M. and searched his shop along with some other shops, also dealing in Pakistan foreign currency and seized Rs. 2,704/11/- in Pakistan currency notes and coins of different denominations from his shop. This was done on the strength of a search warrant issued in favour of the O/C, Be...
Jatindra Mohan Goswami and anr. Vs. Superintendent of Police and ors.
Court: Guwahati
Decided on: Aug-23-1961
G. Mehrotra, C.J.1. These two rules which arise out of petitions under Article 226 of the Constitution, may be disposed of by one common judgment.2. In Civil Rule No. 99 of 1960 the petitioner Jatindra. Mohan Goswami was selected for appointment as Probationary Sub-Inspector of Police on the 2nd February 1955. The petitioner had his. training in the Police Training College, Dergaon. and thereafter on the 8th February 1955 he was informed that he had been appointed a Probationary Sub-Inspector of Police in Assam. On completion of his training by an order dated the 5th March 1956, passed by the Inspector General of Police the petitioner was posted in the District of Cachar on probation for two years with effect from the 15th February, 1956. Thereafter the petitioner was. transferred to United Khasi-Jaintia Hills District as a probationary Sub-Inspector of Police. and was posted there to act as Traffic Sub-Inspector of Police since September, 1958.On the 28th November 1958 in the morning...
Yumnam Sajou Singh and ors. Vs. Chanambam Thambalangou Singh and anr.
Court: Guwahati
Decided on: Aug-12-1961
T.N.R. Tirumalpad, J.C.1. This is an application by 34 persons who claim themselves to be in possession of 27 parts of land under patta No. 93/1 situated at Yumnam Huidrora basti as tenants of the Dowager Maharani Dhanamanjuri Devi for the past 40 years on reclamation from khas land, to quash the proceedings under Section 145, Cri.P.C. taken against them by the respondents in the Court of S.D.M., I.W.2. The facts relating to this case arc briefly as follows:On 25.1.1961, Chanambam Thambalangou Singh and Thaonaujam Thambou Singh on behalf Of themselves and 20 unnamed persons filed a petition under Section 145, Cri.P.C. against Huidrom Mani Singh, Yumnam Sajou Singh and Yumnam Angahal Singh and 20 unnamed persons of Yumnam Huidrom village in. the Court of the S.D.M., Thoubal stating that the petitioners and others were in possession of the land, about 20 paris in extent under patta No. 93/1 which comprised 27 paris of land and that there was a dispute between the first party and the sec...
Hiralal Sarawgi Vs. Collector of Central Excise and Land Customs and a ...
Court: Guwahati
Decided on: Aug-08-1961
G. Mehrota, C.J.1. This rule was issued on an application under Article 226 of the Constitution. The petitioner Hiralal Sarawei (Jain) is a businessman of Gauhati and is the owner of the firm named and styled as 'Messrs. Prpmsukh Hiralal' situated at Fancy Bazar, Gauhati which will hereinafter be referred to as 'the shop of the petitioner'. On the 8th January 1959 the Deputy Superintendent (Preventive) of Central Excise and Land Customs at Gauhati searched the shop of the petitioner, on a search warrant received from the Sub-divisional Magistrate at Gauhati. In the course of the search which was conducted in the absence of the petitioner but In the presence of his employee Sri Dungarmall Jain, a number of articles were seized. We are not concerned with the complaint made by the petitioner in his petition as regards the manner of the search, A number of properties were seized. Thereafter notice was issued to the petitioner to show cause as to why action should not be taken under Sectio...
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