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Guwahati Court July 1962 Judgments

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Jul 31 1962

U.F. Siem and ors. Vs. U. Lebanon Kherkongor and anr.

Court: Guwahati

Decided on: Jul-31-1962

G. Mehrotra, C.J.1. This is a petition under Section 439, Cri.P.C. The relevant facts are that the Burrabazar Market is situated within the town of Shillong. Within the market there is the Mylliem Siemship Police Station building. The property belongs to the siemship of Myiliem. U Jormanik was the Siem of Mylliem, appointed by the Governor of Assam under paragraph 19 of the Sixth Schedule to the Constitution. His appointment was approved by the District Council of United Khasi and Ja;ntia Hills. On 7th July 1959 the Executive Committee of the said District Council suspended U Jormanik with effect from 8th July 1959 and appointed one U Jum Singn as Acting Siem. The suspension order was challenged. By an order of the Supreme Court dated the 20th September 1960 the order of suspension dated the 7th July 1959 was held valid.Thereafter the Executive Committee of the District Council by its order dated the 15th October 1960 reaffirmed the suspension of U Jormanik and he was directed to hand...


Jul 19 1962

Mohan Choudhury Vs. the State

Court: Guwahati

Decided on: Jul-19-1962

T.N.R. Tirumalpad, J.C.1. This revision petition arises out of the order of the magistrate Shri K.P. Dutt rejecting certain preliminary objections taken by the petitioner before the framing of the charges against the petitioner In P.S. case No. 53(5)60. The petitioner moved the Sessions Judge in revision against the order of the magistrate. But the Sessions Judge rejected the revision and stated that this was not a fit case to make a reference to this Court.2. On 21.5.1960, Shri K.P. Chakraborty, Sub-divisional Magistrate, Sadar sent a report to the O/C, Kotwall police station stating that on the said date the petitioner led a procession of 150 persons at about 6 P.M. shouting slogans and on reaching the main gate of the Rehabilitation office tried to force entry into the office and started pushing the police officers and constables on duty and that Shri K.P. Chakraborty as S.D.M. asked the assembly to disperse to which they did not pay any heed, but hurled bricks at the police causin...


Jul 18 1962

Abdul Aziz Vs. the Union Territory of Tripura

Court: Guwahati

Decided on: Jul-18-1962

T.N.R. Tirumalpad, J.C.1. The petitioner was convicted under Sections 224 and 324 I.P.C. and sentenced to rigorous imprisonment for 3 months under each count by the first class magistrate, Udaipur and the sentences were ordered to run concurrently. His appeal to the Sessions Judge was dismissed and he has come in revision to this Court.2. The case which was found proved against the petitioner was that on 26-3-60 the petitioner was detected by the Plantation Watcher, P.W. 2, peeling off the barn of a Sal tree In the Mathpusharini village within the Chandrapur Reserve Forest after he had cut down the tree and that when P.W. 2 tried to arrest him for the said forest offence, the petitioner gave a blow with a dao on P.W. 2's right hand causing injury and then ran away from the place.The petitioner's defence was one of alibi. Three witnesses namely, P.W. 1, a Forester, P.W. 2, the Plantation Watcher, who was the victim of the assault and P.W. 3, a Forest Guard, all of whom are eye-witnesse...


Jul 10 1962

Laisram Pishak Singh Vs. Manipur Administration

Court: Guwahati

Decided on: Jul-10-1962

T.N.R. Tirumalpad, J.C.1. Laisram Pishak Singh, convict, who has been sentenced by the Additional Sessions Judges (I) and (II), to various terms of imprisonment in 8 Sessions Cases, has filed this application from prison stating that as the Sessions Judges, who. sentenced him have failed to indicate in their judgments whether the sentences should run concurrently or consecutively, the effect will be that he will have to undergo a total period of imprisonment of 56 years in all the 8 cases, that this is a very great : hardship on him and that this Court should, therefore, direct that the sentences should run concurrently instead of consecutively.2. I have perused the records in the 8 Sessions Cases and I find the situation to be as follows:The petitioner was sentenced by Additional Sessions Judge (II) in Sessions Trial No. 6/60 on 28-4-1960 to 5 years' R.I. and 7 years' R.I., the said sentences to run concurrently. Next he was sentenced by the same Judge on 29-8-1960 in Sessions Trial ...


Jul 05 1962

The State Vs. Laisram Ibobi Sing S/O Ubobi Singh

Court: Guwahati

Decided on: Jul-05-1962

T.N.R. Tirumalpad, J.C.1. This is an application by the State to enhance the sentence of fine of Rs. 5/- passed by the First Class Magistrate, I.W. and B. against the respondent Laisram Ibobl Singh for his conviction under Section 304A, I.P.C.2. The case against the respondent Ibobi Singh was that on 4-3-1960 at about 12-00 noon when the deceased Amuthoi Kabui along with P.W. 6 Ngairalungba Kabui were going on cycles along the left side of the Indo-Burmah Road towards south and had reached near Naorem Leikai, the respondent came in the opposite direction driving the Bus MNS 2364 at a high speed and knocked down Amuthol Kabui and caused injuries on him which resulted in his death.The respondent's defence was that P.W. 6 and the deceased were driving on cycles in parallel fashion along the road and were engaged in conversation, Amuthoi Kabui being on the western side, that the respondent was driving the Bus at a moderate speed and sounded his horn on nearing the cycles, but the cyclists...


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