Guwahati Court February 1963 Judgments
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Sehhadat Khan Vs. the State
Court: Guwahati
Decided on: Feb-25-1963
T.N.R. Tirumalpad, J.C.1. The petitioner Sehhadat Khan was arrested on 31-1-63 at about 7-30 A.M. by the S. I. of Police of the Security Unit at the Agartala Airport suspecting him to be a foreigner without a Passport and Visa. Then he was searched and Rupees 1,431 in cash and 4 gold Tabijes weighing 7 tolas and odd were found on his person. He appears to have given different addresses and also mentioned different persons as the owners of the gold ornaments. Thus as the Police Officer found that the petitioner could not give a satisfactory account of the articles and suspected them to be stolen, he seized the articles. There were also various other articles like wearing apparel, fountain pen, knife, plane ticket and other papers as seen in the seizure list. The petitioner was produced with the seized articles before the O/C Kotwali Police station with a report that the petitioner was detected as a stranger and was strongly suspected to be connected with a cognizable offence.At the Po...
The State Vs. Angom Maobi Singh and anr.
Court: Guwahati
Decided on: Feb-21-1963
T.N.R. Tirumalpad, J.C.1. This is an appeal by the State against the acquittal of the two respondents of the charge under Section 376 I.P.C. by the Additional Sessions Judge Shri M. Radhamohan Singh. It may be mentioned here that the Sessions Judge while acquitting the respondents of rape under Section 376 I.P.C. on the ground that he was not satisfied regarding the evidence of penetration, convicted them under Section 354 I .P C. and sentenced each of them to one year's R.I. The appeal is filed by the State on the ground that the conviction should have been under Section 376 I.P.C. as there was evidence of rape and that it should not have been under Section 354. It may also be mentioned that the 2 respondents have not appealed against their conviction and sentence under Section 354 I.P.C.2. The facts are as follows.-On 23-6-61 at about 7-00 p.m. P.W. 15 Ibemhal Devi, aged about 26, the mother of 3 children and the wife of P.W. 7 Bira Singh was returning home alone along Kangchup Road...
Nongthombam Kanhai Singh Vs. Rajkumar Bhaskar Singh and anr.
Court: Guwahati
Decided on: Feb-19-1963
T.N.R. Tirumalpad, J.C.1. These two matters arise out of a criminal case filed by Shri N. Kanhai Singh, who is the petitioner in the Reyision Case and the respondent in the Reference Case, against Shri R, K. Bhaskar Singh, who is the respondent in the Revision Case and the petitioner in the Reference Case. They can be disposed of together.2. Shri R. K. Bhaskar Singh was the Administrator of the Palace of the minor Maharaja Okendrajit Singh in 1956-57. As such Administrator he filed a petition Ex. P-2 on 31-7-57 in the District Court, Manipur, under the Guardians and Wards Act- for appointing him as the guardian of the property of the Maharaja. In such an application, the applicant has to state what near relatives the minor has and where they reside. This is provided Under Section 10 of the Guardians and Wards Act. In mentioning the names of the relatives in the application, 7 persons are mentioned. They are first the mother, the younger-brother and the sister of the minor, and then a ...
Oinam Atonungshi Singh Vs. Akoijam Ningol Sorokhaibam Ongbi Rajani Dev ...
Court: Guwahati
Decided on: Feb-15-1963
T.N.R. Tirumalpad, J.C.1. This reference made by the Additional Sessions Judge, Manipur, has to be accepted. A complaint was filed before the S. D. M. Thoubal, by the respondent, requesting action -Under Section 145 Criminal Procedure Code and alleging that there was dispute over one 'Sangam -of land under patta No. 67 / 125-Th.T. Hiyangiam Loukon. The S. D. M., sent the complaint for a Police Report. The Police reported that -the dispute was in respect of one 'sangam' of land under patta No. 67/225 and not under patta 'No, 67/125 as stated in the complaint petition. The learned Magistrate did not notice the contradiction between the description of the land in the complaint petition and in the Police Report. He passed a preliminary order in respect of the land under patta No. 67/225 as described in the Police Report and he also had the land kept under attachment.After the parties had filed written statements, affidavits and documents in support of their respective claims for possessi...
Commissioner of Wealth-tax, Assam Vs. Ahmed Tea Co. (Pvt.) Ltd.
Court: Guwahati
Decided on: Feb-06-1963
MEHROTRA C.J. - The following question of law has been referred under section 27(1) of the Wealth-tax Act, 1957 (hereinafter called "the Act"), for opinion by Income-tax Appellate Tribunal, Calcutta Bench :"Whether, on the facts and in the circumstances of the case, provisions for taxation amounting to Rs. 2,25,000, Rs. 2,40,000 and Rs. 2,90,933.84 np. for the assessment years 1957-58, 1958-59 and 1959-60 were proper deductions in the ascertainment of the net wealth of the company as on the respective valuation dates ?"The assessee which is a private limited company is doing business in tea. The assessment years in question are 1957-58, 1958-59, and 1959-60 and the corresponding valuation dates under the Act are 31st December, 1956, 31st December, 1957, and 31st December, 1958. In the balance-sheet the assessee company has made provisions for taxation amounting to Rs. 2,25,000, Rs. 2,40,000 and Rs. 2,90,933.84 np. in respect of the calendar years 1956, 1957, and 19...
BasiruddIn Sk. and ors. Vs. Rajmamud Sarkar
Court: Guwahati
Decided on: Feb-05-1963
G. Mehrotra, C.J.1. This petition of revision arises out of a proceeding under Section 145, Criminal Procedure Code. The petitioners before me were arrayed as second par-ties before the Court of the Magistrate and the opposite party before me were arrayed as the first party before that Court. The complaint of the first party was that by various sale deeds he purchased twenty bighas of land in five different plots of various areas from the second party. After taking the sale deeds he came into actual possession and the second party in a body tried to dispossess him of the property and thus there was a likelihood of the breach of the peace. On being satisfied that there was a likelihood of the breach of the peace the Magistrate issued a preliminary order and called upon the patties to file evidence in support of their possession over the plots. The case set out by the second party petitioners was that the sale deeds were executed only as some loan was advanced by the first party but po...
The State Vs. Md. Misir Ali and ors.
Court: Guwahati
Decided on: Feb-01-1963
C.S. Nayudu, J.1. This appeal by the State is directed against an order of acquittal by the Sub-divisional Magistrate, Nowgong acquitting the respondents who were charged before him, under Sections 326, 148 and 326/149, Indian Penal Code.2. The case for the prosecution is that when one Fazar Ali examined as P. W. I, Abdul Subhan examined as P. W. 2 and Basir Seikh examined as P. W. 3 were on the road in the village ot Chenimari at about 8 P.M. on 10th August 1959, all the eight accused persons who figure as respondents in this appeal and some others attacked them with sticks, daos and spears and caused them serious injuries. The three prosecution witnesses fell down, and hearing their cries and the noise on account of the incident, P. W. 4 Moslem Munchi who was living close by, came to the scene and saw the three prosecution witnesses 1 to 3 lying with bleeding injuries and also saw accused respondents Nos. 1, 2, 3, 4, 6 and 7 going away from the place of occurrence, carrying with the...
Mangal Bhumji Vs. State of Assam
Court: Guwahati
Decided on: Feb-01-1963
1. This jail appeal is directed against the judgment and order dated 1.4.1996 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 22(T) of 1992 convicting the accused appellant Under Section 302 IPC and sentencing him there under to imprisonment for life and also to pay a fine of Rs. 5000, in default to further 2 years' Rl. 2. We have heard learned counsel Mrs A Devi, appointed as amicus curiae in this case as well as Mr B Banerjee, learned public prosecutor. Assam. We have also considered the records of the case. 3. On 27.5.1991 an FIR was lodged in Tinsukia Police Station to the effect that on 26.5.1991 at about 5 AM in the morning when the informant Suk Ram Bhumiz (PW 2). the elder brother of the accused Mangal Bhumij came home, he found his younger brother's wife Nilomoni Bhumij lying dead with injuries caused by dao on her neck. His younger brother Mangal Bhurniz on being asked replied that he himself killed his wife by hacking her wrth a dao. On receipt of this ...
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