Guwahati Court August 1963 Judgments
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Purnendu Mohan Sen Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-26-1963
G. Mehrotra, C.J.1. This is plaintiff's appeal. The plaintiff-appellant, at alleged by him, was appointed as assistant pay clerk, accounts department, in Bengal-Assam Railway, by the Financial Adviser and the Chief Accounts Officer, with the approval of the General Manager, with effect from 1 May 1947. Bengal-Assam Railway was merged into Assam Railway and now it is represented by North-eastern Railway. Under the Indian Railway Establishment Code, an employee is liable to enter into an agreement, and it is alleged that the plaintiff also executed an agreement. The duty of the plaintiff was to distribute salary of the railway employees. With effect from 1 April 1951, the appellant was transferred to Badarpur as the district pay clerk No. 7. Along with him two other clerks were working at Badarpur.2. Generally the payment is to be made between the second and fourth day of each month by the plaintiff after the necessary funds are applied by the authorities. Cheques for the sum of Rs. 1,...
Jitendra Kumar Baidya and ors. Vs. Surendra Kumar Seal
Court: Guwahati
Decided on: Aug-20-1963
T.N.R. Tirumalpad, J.C.1. I see no reason at all to interfere in this revision petition. The respondent as first party filed an application under Section 144, Cri.P.C. before the magistrate on 1.7.1960 against the petitioners and on a police report called for by the magistrate, he passed an order on 10.9.1960 under Section 144 prohibiting any interference by the petitioners in certain lands described in the petition. The petitioners thereupon appeared before the magistrate on 21.9.1960 and after hearing the parties, the magistrate on 24.9.1960 drew up proceedings under Section 145, Cri.P.C. as he found that there was dispute regarding the land and he put the property under attachment. After holding the enquiry under Section 145, Cri.P.C. he came to the conclusion that the respondent was in possession of the land and he directed the attached land to be handed over to the respondent and he called upon the petitioners not to disturb such possession. Against that the petitioners went up i...
Ghutu Akanda Vs. Somser Ali and ors.
Court: Guwahati
Decided on: Aug-14-1963
S.K. Dutta, J.1. This is a reference made by the Additional Sessions Judge, Lower Assam Division Gauhati, in connection with an order passed in a proceeding under Section 145 of the Code of Criminal Procedure by Shri S. C. Barua, Magistrate, 1st Class, Barpeta.2. The learned Magistrate drew up the said proceeding at the instance of the first party and came to a finding that the second party was in possession of the disputed land. In doing so, he summoned and examined a Lot Mandal as a Court witness. The learned Additional Sessions Judge submits that under Section 145 of the Code of Criminal Procedure, as it stands today, no Court witness can be summoned. Mr. Bardalai, the learned Counsel appearing on be half of the petitioner, submits that there are two provisions under which a witness can be examined in a proceeding under Section 145, Criminal Procedure Code, namely, under the first proviso to Sub-S.(4) of the said section the Magistrate may, if he so thinks fit, summon and examine a...
Krishna Ram Das Vs. the State
Court: Guwahati
Decided on: Aug-05-1963
C.S. Nayudu, J.1. This appeal is directed against the conviction and sentence passed by the Sessions Judge Lower Assam Division, Gauhati, finding the appellant guilty of the offence Under Section 325 Indian Penal Code and sentencing him to rigorous imprisonment for three years.2. The facts of the prosecution case briefly are as follows:The accused is the son of the deceased Mahesh Das. On 18-12 59, the latter when he was coming towards his house from the village was attacked by the appellant with a lathi, and six or seven blows were inflicted on the person of the deceased by the appellant with the lathi. As a result of the injuries inflicted by the appellant on the deceased, the latter died in the Civil Hospital,, Gauhati, on 23-12-59.3. The evidence of the prosecution consists of three eye-witnesses, P. W. 3 Dharani Das, the son of the deceased, P. W. 4 Laghanuram Das, the brother of the deceased, and P. W. 6 Bhagiram Dm, the son-in-law of the deceased. According to the evidence giv...
R.K. Nabachandra Singh Vs. Manipur Administration
Court: Guwahati
Decided on: Aug-01-1963
T.N.R. Tirumalpad, J.C.1. This is a revision petition directed against the order of the Sessions Judge, dated 25-5-1963, by which he cancelled the bail granted to the petitioner by the S. D. M. Imphal West on 8-5-1963 and directed the bail petition to be heard afresh and to be disposed of by the Additional District Magistrate, instead of by the S. D. M., I. W.2. The facts which relate to this revision petition are as follows:On 6-5-1963, at about 10-30 a.m. a F.I.R. was lodged in the Imphal Police Station, by one Manglem Singh, a student in the D. M. College stating that at about 10-00 a.m. when be was going to College, he saw one P. Sarojini, a student of the B. A. Class in the said College being forcibly taken near the new Radio Station and carried away in a Jeep towards the south by some unknown persons and that he suspected that the girl might have been kidnapped against her will. This girl happens to be the daughter of one P. Mani Singh. Inspector of Police, C. I. D., Imphal. On ...
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