Guwahati Court May 1962 Judgments
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N.D. Tushnial and ors. Vs. Abdul Rezak and ors.
Court: Guwahati
Decided on: May-23-1962
G. Mehotra, C.J.1.These two references have come up before this Bench of two judges on a reference by a single judge. The main point raised in the two cases on behalf of the opposite parties is that the Additional District Magistrate is not competent to make a reference under Section 435, Criminal Procedure Code.2. The facts leading to criminal reference No. 18/61 are that on 16th November 1960, one Sunawar Ali, President of Vatir Kapa Gaon Sabha made a petition before the Subdivisional Officer, Hailakandi under Section 145, Criminal Procedure Code to the effect that there was apprehension of breach of the peace between the parties at the time of harvesting of the paddy over the disputed land. The preliminary order was passed by the Magistrate after getting the necessary report from the police. One Gangesh Gore, Sampat Gore and Kampu Pashi made a joint petition praying for including them in the second party as they claimed possession of a portion of the disputed land. They Were allowe...
Sita Devi Thapa W/O Chakra Bahadur Thapa, Tripura Vs. the Commandant, ...
Court: Guwahati
Decided on: May-21-1962
T.N.R. Tirumalpad, J.C.1. This application has been filed by Smti. Sita Devi Thapa, wife of Shri Chakra Bahadur Thapa, who was a Naik in the 6th Battalion Assam Rifles, Agartala to issue a Writ of Habeas Corpus against the respondents namely, the Commandant of the 6th Battalion Assam Rifles, the District Magistrate of Tripura and the Superintendent of Central Jail, Tripura and to order the immediate release of the said Chakra Bahadur Thapa, who is said to have been detained in illegal custody in the Central Jail.2. Shri Chakra Bahadur Thapa was the NCO on duty in the Assam Rifles Officers Club on T2-it-6t. At about 1 P. M., the acting Commandant of the 6th Battalion Assam Rifles, Major C. N. Madiah, went to the Club and saw some minor girls in the room of Naik Chakra Bahadur Thapa. There is dispute as to what happened then. The petitioner would say that the Major abused her husband and struck him with the Telephone receiver and a scuffle followed in which the Major as well as Chakra B...
Thingom Sashikumar and ors. Vs. Manipur Administration
Court: Guwahati
Decided on: May-02-1962
T.N.R. Tirumalpad, J.C.1. Criminal Appeals Nos. 4, 5, 6, 7 and 8 of 1962 are appeals filed by Messrs. Sashi-kutnar Singh, Mangi Singh. Khoidum Singh, Nilo Singh and Gourahari Singh respectively. They were the accused in Sessions Trial No. 13/5/7 of 1961 before the First Additional Sessions Judge.Manipur. They were convicted under Sub-section 366 and 376, I.P.C. Sashikutnar Singh, Mangi Singh and Gourahari Singh were each sentenced to two years' r.i. under Section 366, I.P.C. and to 5 years' r.i. under Section 376, I. P. C., the sentences to run consecutively. Khoidum Singh and Nilo Singh were each sentenced to one year's r.i. under Section 366, I.P.C. and to 2 1/2 years' r.i. under Section 376, I. P. C, the sentences to run consecutively. Against the convictions and sentences the said appeals have been filed.2. The Govt. Advocate has filed Criminal Revision Case No. 11 of 1962, for enhancement of sentences particularly against Khoidum Singh and Nilo Singh stating that they did not des...
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