Guwahati Court May 1963 Judgments
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Chandra Kishore Deb Barma Vs. Jogendra Chandra Deb and ors.
Court: Guwahati
Decided on: May-18-1963
T.N.R. Tirumalpad, C.J.1.The learned Sessions Judge has made this reference regarding the order of the Magistrate Shri W.U. Mulla, dated 30.11.61, by which lie dropped the proceedings under Section 107 Cr.P.C. against the respondents and discharged them from the proceedings and he has recommended that the said order should be set aside.2. The facts relating to this reference are as follows:The petitioner herein filed an application on 8.4.61 before Shri K.P. Chakraborty, S.D.M., Sadar, against the respondents alleging that the respondents entered on his land and started cultivating it and when he protested they threatened him and so he filled a complaint before the Police on 6.4.61 and that after the filing of the said complaint, the respondents were threatening again to beat and kill him and hence he had to file this complaint to take proceeding against the respondents under Section 107 Cr.P.C. The Magistrate called for a Police report from the O/C., Bishalgarh Police Station and the...
Moirangthem Yaiskul Singh Vs. Manipur Administration
Court: Guwahati
Decided on: May-01-1963
T.N.R. Tirumalpad, J.C.1. This reference has to be accepted.2. One Ningthoujam Magha Singh filed a petition before the S.D.M., i.e. and Th. on 5.5.1962, stating that he has been in possession of 3 sangams and one loushel of land covered by patta No. 129/234-K.h. Pana, Thoubal Tahsil for about 26 years, that the petitioners heroin, who are father and sons forcibly entered the land on 1.5.1962 with their cattle and over-ploughed the land and that this dispute was likely to cause a breach of the peace. We therefore prayed for action under Section 145, Cr.P.C. This complaint was sent for report to the Police by the Magistrate. The Police reported to the Magistrate on 12.6.1902, saying that that the petitioners were found to have entered the land forcibly on 1.5.1962 and cultivated the same, that they continued in possession until then and further that when the complainant asked them not to enter the land, the petitioners threatened him by holding dangerous weapons and that if the complain...
Ahongsangbam Ibomacha Singh and ors. Vs. Soibam Iboton Singh and ors.
Court: Guwahati
Decided on: May-01-1963
T.N.R. Tirumalpad, J.C.1. This is a revision against the order of the S. D. M., I. W. and Bishenpur, dated 13-8-1962, directing the petitioners to execute an interim bond for Rs. 500/- each with one surety for like sum for maintaining the peace during the pendency of the enquiry Under Section 107 Criminal Procedure Code against them. The petitioners pray that the said order may be set aside and further that the proceedings against them Under Section 107 Criminal Procedure Code may also be quashed as it was clearly not a case where they should have been proceeded against under the said section.2. The first respondent herein filed a complaint before the Magistrate on 6-7-rg62, stating that the land in question was purchased by him on 16-2-1955 under a registered sale-deed and that he has been in possession and enjovment of the same through one Thingbaijam Tbochouba Singh. He also said that he fiied a suit T. S. No 61 of 1961, against the petitioners 1 and 2, which was pending in the Su...
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