Guwahati Court January 1964 Judgments
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Sudhir Chandra Gupta Vs. State of Assam
Court: Guwahati
Decided on: Jan-29-1964
G. Mehrotra, C.J.1. This petitioner has been convicted by the Magistrate under Section 109/112 of the Indian Railways Act and sentenced to pay a fine of Rs. 25/- in default three days simple imprisonment. He was charged under Section 121 of the Indian Railways Act and Section 323 of the Indian Penal Code but the magistrate acquitted him of these two charges. On appeal the Assistant Sessions Judge has affirmed the conviction and sentence under Sections 109 and 112 of the Indian Railways Act.2. The case for the prosecution is that the complainant Sri Dwijendranath Deka is the head ticket collector at Amingaon Railway Station, On the 2nd July 1981 he was on duty. He found that some passengers were occupying the third class compartment which was reserved for some other passengers and asked the occupants to vacate the compartment. The occupants vacated the compartment. Then the head ticket collector found that the accused with 3 or 4 others were attempting to get into that reserved compart...
Kalu Munchi and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jan-28-1964
G. Mehrotra, C.J.1. This is a petition by the petitioners who are four in number, praying that the proceedings started before the Magistrate under Sections 188, 447 and 425, Indian Penal Code on complaint filed by the Magistrate against them be quashed.2. The facts necessary are that on an application made by one Ganapatrai Dhanuka proceedings under Section 145, Criminal Procedure Code were started1 against the present petitioners. During the proceedings the Magistrate ordered the attachment of the property. There after Ganapatrai Dhanuka made an application before the Magistrated that in spite of the attachment order. The present petitioners have trespassed open the land and thus coated the order of attachment. The prayer was that they should be prosecuted under Sections 188, 447 and 426, Indian Penal Code. On that complaint the Magistrate filed a complaint under Sections 188, 447 and 426, Indian Penal Code against the present petitioners. The case was transferred to another Magistra...
Biren Datta and ors. Vs. the Chief Commissioner of Tripura
Court: Guwahati
Decided on: Jan-18-1964
Rajvi Roop Singh, J.C.1. The 12 petitioners (1. Shri Biren Datta, 2 Shri Prabhat Deb Barma, 3. Shri Benoy Deb Barma, 4. Shri Pulin Deb Barma, 5, Shri Nagendra Deb Barma, 6. Shri Arjun Deb Barma, 7. Sri Mohan Choudhury, 8. Sri Sushil Dey, 9. Shri Saroj Chanda, 10. Shri Jagabrata Sen Gupta 11. Shri Promode Ranjan Das Gupta and 12. Shri Bidya Deb Barma) who are the detents, and who have been detained by the Administrator the Union Territory of Tripura under Rule 3o(i)(b) of the Defence of India Rules, 1962, read with Sub-rule (11) of Rule 2 of the aforesaid Rules made by the Central Government In exercise of the powers conferred on it by Section 3 old the Defiance of India Ordinance 1962 (No. 4 of 196a), have applied separately to this Court under Section 491(i)(b) of the Criminal Procedure Code.2. All these 12 Criminal Miscellaneous Petitions (Nos. 15, 16, 17, 18, 19, 20, 24, 25, 26. 27, 28 and 29 of 1963) involve common questions of fact and law for determination therefore they shall b...
Devendra Chandra Paul Vs. Haridas Deb and ors.
Court: Guwahati
Decided on: Jan-10-1964
Rajvi Roop Singh, J.C.1. This is a reference made by the learned Sessions Judge of Tripura under Section 438, Cr.P.C. recommending that the order of the learned Magistrate First Class, Sadar, directing the complainant under Section 260 of the Code of Criminal Procedure to pay compensation of Rs. 50/- to the accused opposite party, in default of payment to suffer simple Imprisonment for 10 days, is bad in law and should be set aside.2. The facts out of which this reference arises are briefly as follows:(2a) That on 4.4.61, the petitioner Shri Devendra Chandra Paul, as the Secretary of the Udayan Club, filed a complaint in the Court of S.D.M. Agartala, Sadar, to the effect that on 28.3.61, the 5 accused persons opposite. party had broken the wall of the club named Udayan Club at Gopalnagar under Sidhai P.S. and had thereby caused damage to the extent of Rs. 300/-. The learned S.D.M. on the same day transferred the case to the file of Shri S.R. Chakraborty, Magistrate First Class, Sadar....
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