Guwahati Court April 1965 Judgments
KutubuddIn Ahmed JamiruddIn Ahmed Vs. Abdul Noor Choudhury
Court: Guwahati
Decided on: Apr-05-1965
Rajvi Roop Singh, J.C.1. This is a Criminal Reference made by the learned Sessions Judge, Tripura recommending that the order of learned Magistrate First Class, Dharmanagar, dated 5-12-63 be set aside.2. The reference arises in the following circumstances:On 17-11-63 the petitioner Kutubddin Ahamed lodged a written information with the 0. C,, Dharmanagar, P. S. by a petition stating that the opposite parties were attempt ing to reap away paddy grown by his bargadars Rajibulla, Joy far Mohammed and Abdul Gafur on several plots of land owned and possessed by him and together measuring 1 drone 10-1/2 kanis in area appertaining to different Talluks as described in the schedule to the petition and that there was an apprehension of breach of the peace as a result, and praying for taking necessary steps so that the opposite par-ties might not do anything in respect of the said land so as to cause breach of the peace.On the basis of the said application a G. D. entry was recorded at Dharmanag...
Tag this Judgment!Smt. Jarina Bibi Vs. Banka Ray Riang and ors.
Court: Guwahati
Decided on: Apr-05-1965
Rajvi Roop Singh, J.C.1. This is a Criminal Reference made by the learned Sessions Judge, Tripura, in Criminal Motion No. 134 of 1964 with a recommendation for setting aside the order dated 15.5.1984 passed by S.D.M., Udaipur in C.R. Case No. 65 (46) of 1963.2. The facts leading up to this reference can be briefly stated as follows:A petition of complaint having been lodged by the petitioner before the A. S.D.M., Amarpur, on 31.6.1963, on an allegation that 8 persons; including the 4 accuse4 opposite-parties Banka Roy Riang, Anada Riang, Karnaram Riang, Jnan Chandra Riang, Ganga Prasad Riang and one Satya Roy Riang formed an unlawful assembly and trespassed into her land forcibly and damaged her paddy crops the accused were summoned under Sections 143, 447 aud 427, I.P.C. by the learned A. S.D.M. Thereafter the case was transferred to the Court of Shri I.B. Dasgupta, Magistrate 2nd Class, Amarpur who examined the prosecution witnesses. On 19.11.1963 a petition having been moved on be...
Tag this Judgment!Jagadish Chandra Dey and anr. Vs. Nilkanta Chakraborty
Court: Guwahati
Decided on: Apr-05-1965
Rajvi Roop Singh, J.C.1. This is a Criminal Reference made by the learned Sessions Judge, Tripura, under Section 438 Cr. P. C. recommending that the order of conviction and sentence of the petitioners passed by the 1st Class Magistrate, Sadar, under Section 379 I. P. C. in Criminal Case No. 200 of 1961 should be set aside.2. The facts according to the prosecution are that, on 2.4.61 corresponding to 19th Chaitra, 1367 B. S., the accused petitioners cut down and removed some jack-fruits, kurcha and sonal plants standing on an ail in possession of the complainant P. W. 1 Nil Kanta Chakraborty in spite of protest by his mother P. W. 2 Bishakha Sundari Chakraborty. The prosecution examined 4 witnesses. On the charge under Section 379 I. P. C, having been framed by the learned Magistrate both the accused pleaded not guilty.3. The defence of the accused petitioners was that the ail in question was owned and possessed by the accused, Jagadish Chandra Dey and that they have been falsely impl...
Tag this Judgment!Nadia Chand Das Vs. Baishnab Charan Das and ors.
Court: Guwahati
Decided on: Apr-05-1965
Rajvi Roop Singh, J.C.1. This is a Criminal Reference made by the learned. Sessions Judge, Tripura in Criminal Motion No. 196 of 1963, with a recommendation for setting aside the order dated 26-11-63 passed by the Magistrate First Class, Dharmanagar in Criminal, Misc. Case No. 22 of 1963.2. The facts giving rise to this reference are as follows:On 29-3- 63 the petitioner Nadia Chand Das as first party filed a petition under Section 144, Cr. P. C. alleging that he along with his brother Santipriya Das were in peaceful possession of 2 kanis of land appertaining to Khash jote No. 148 of Mouza Baghan, Pargana Dharmanagar under Kadamtala P. S. bounded on all sides by the first party's land on the basis of his purchase on 4-7-60 in the name of his brother Santipriya Das under a registered kabala from the previous owner Abdul Knaleque Choudhury, that Santipriya Das possessed the said land for 7 or 8 years prior to the purchase as bargadar under Abdul Khaleque Choudhury and that the second p...
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