Guwahati Court July 1963 Judgments
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Hariprasad Kanu and anr. Vs. the State of Assam and anr.
Court: Guwahati
Decided on: Jul-27-1963
G. Mehrotra, C.J.1. The two petitioners, Hariprasad Kanu and Bhubaneswar Kanu have been convicted under Sections 143 and 447, I. P. C., and sentenced to three months rigorous imprisonment and one month rigorous imprisonment respectively. Must. Sonia Haluwani was also convicted under the above two sections to a sentence of fine of Rs. 200 and Rs. 100 on each count, and there was further an order under Section 522, Criminal Procedure Code to put Abdul Khalek to possession of the land in question. Musst. Sonia Haluwani is dead and we are only concerned with the case of the two applicants, Hariprasad Kanu and Bhubaneswar Kanu.2. The prosecution case is that Mahmuda Khatun and Gulenar Begum obtained a decree for khas possession of a piece of land situated at Athgaon Road, Gauhati in Title Suit No. 303 of 1948 against Mt. Sonia Haluwani. On the 5th February, 1956, in execution of the decree, the decree-holders got delivery of possession by the removal of the houses standing thereon. After ...
Amulya Chandra Paul Vs. the State
Court: Guwahati
Decided on: Jul-18-1963
T.N.R. Tirumalpad, J.C.1. The petitioner herein is an accused in C. R. Case No. 264 of 1960 before Shri K. P. Dutta, first class Magistrate, Sadar. The case was originally pending before the S.D.M., Sadar and it was transferred to Shri K. P. Dutta on 25-3-63. On 20-4-63 Shri K. P, Dutta examined one P. W. and posted it to 5-6-63 for further hearing. Then the petitioner preferred a revision petition to the Sessions Judge for referring the matter to this Court challenging the competency of Shri K. P. Dutta to try the case. But the Sessions Judge refused to make a reference and dismissed the revision petition. Thereupon the petitioner has filed the present revision petition to set aside the order of the learned Sessions Judge and to declare that Shri K. P. Dutta is not competent to try the case.2. The contention of the petitioner is that Shri K. P. Dutta had ceased to be a magistrate when this case was transferred to him and that therefore he is incompetent to try the case. To deal with ...
The State Vs. Basanta Kumar Singh and ors.
Court: Guwahati
Decided on: Jul-15-1963
T.N.R. Tirumalpad, J.C.1. This is an appeal against the acquittal of the respondents 1 to 4 by the Magistrate, 3rd Class, Dharmanagar in Criminal Casc-No. 85 of I960, of the offences Under Sections 33 and 42 of the Indian Forest Act, 1927.2. The case against them was that they were-detected extracting firewood illicitly from protected forest on 13-1-60 by one Shri N. N. Dey, Range-Officer, Dharmanagar and that on being challenged they could not produce any permit for sucte-collection of firewood. Though the case was registered on 5-4-60, it is seen that all the respondents appeared before the Magistrate only on 25-10-61. Then the prosecution asked for time to produce their evidence and it was posted to 17-11-61. On 17-11-61, again 3 of the respondents did not appear and the 4th respondent was absent on the-ground of illness and hence it was posted to 20-12-61, on which date all of them appeared and the-Masistrat posted the case to 15il-62, for the-examination of Prosecution witnesses ...
Bhagabat Goor Vs. Hari Kishore Bhattacherjee
Court: Guwahati
Decided on: Jul-12-1963
T.N.R. Tirumalpad, J.C.1. This reference has been made regarding the order of the Second Class Magistrate, Dnarmanagar, passed Under Section 523 (2) Cr. v. C. directing the bullock seized by the Police to be handed over to the respondent Hari Kishore Bhattacnerjee, after holding that he was tiff rightful owner of the bullock.2. The case arose as follows:The respondent Hari Kishore bnattarcherjee, gave a report at the Dharmanagar Police Station on 18-5-60 that his bullock of unmixed black color, lame, thin and with a taw red hairs on the shoulder and having horns 8 or 9 fingers in length was missing since 12-5-60. The police maze a G. D. entry regarding the same. Hari Kishore Bhattacnerjee, again appeared before the Dharmanagar oiice station on 16-3-61 with bullock black in cooler having a lunar white paten on the fore-head and a mark on the right side of the belly with horns about 8 fingers in length and reported mat it was his bullock which was missing from by, Dot nap come back on 1...
K.D. Upadhayaya Vs. Bhagabati Chouhan and anr.
Court: Guwahati
Decided on: Jul-11-1963
T.N.R. Tirumalpad, J.C.1. This is an appeal against the (acquittal of the two respondents under Sections 504 and 447, I.P.C.2. The case of the prosecution was that on 19.4.60, at about 10-00 a.m., the two respondents entered the Verandhah of the dwelling house of the appellant and abused the appellant in filthy language like, bastard, pig, thief, shala etc. and challenged him to come out of the house and threatened to beat him with shoes, if he did so. The appellant was very angry at the abusive words, but the restrained himself so that there may be no breach of the public peace. After some time, the respondents went into the courtyard of the building and continued to abuse him. Thereupon some others like P.Ws. a to 4 came to the place and prevailed upon the respondents to leave the house. Thereupon, the respondents went to the road near the house and from there continued to abuse the appellant for about an hour and ultimately went away saying that they would come the next Sunday with...
Jyoti Prasad Biswas Vs. Inspecting Assitant Commissioner of Income-tax ...
Court: Guwahati
Decided on: Jul-10-1963
G. Mehrotra, C.J.1. The petitioner, who was a lower division clerk In the Incometax Office at Tezpur, has challenged the validity of the order terminating his services passed on 22 December 1961 by the Inspecting Assistant Commissioner of Incometax who bas been imp leaded as opposite party 1 to the petition. The petitioner was employed in the Incometax Department, and acting under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1949, the Inspecting Assistant Commissioner of Inoometax passed an order terminating his services on 22 December 1961 after giving him the required notice. Against this order, the petitioner went up in appeal to the Commissioner of Incometax, which was also rejected.2. The main ground of attack by the petitioner is that his case is not covered by Rule 5 Inasmuch as he was in quasi-permanent service. It is further urged by Sri Ghose, the learned Counsel for the petitioner, in his argument that though the opposite party 1 is purported to exercise ...
Shonthong Kuki and ors. Vs. Manipur Administration
Court: Guwahati
Decided on: Jul-04-1963
T.N.R. Tirumalpad, J.C.1. The petitioners herein were arrested on 18-5-1963 In connection with a F.I.R. Case No. 72 (1) / 1961 of the Imphal Police Station under Section 395/397 I.P.C. In the T.I.R., the name of the petitioners were not mentioned. For more than two years after the F.I.R. was registered, the Police did not take any action against any of the petitioners, It was stated that on 16-5-1963, the petitioners 2 to 6 made an extra-judicial confession before some villagers in which they Implicated the first petitioner also. Then the petitioners were arrested on 18-5-1963. petitioners 6 (deny that they made any such confession. It was turner stated that a few days after the arrest, some clones said to be part of the booty in the acuity where seize from the 'houses of petitioners 2 and 3. They state that the clothes he longed to them. It appears that there was T.I. Parade, but none of the petitioners were identified. It is in this situation that ball was moved before The additiona...
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