Guwahati Court January 1967 Judgments
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Harilal Teli Vs. Chaturi Teli and anr.
Court: Guwahati
Decided on: Jan-28-1967
C. Jagannadhacharyulu, J.C.1. This is an appeal filed under Section 417(3) Cr.P.C. by the complainant in Criminal case 4 of 1964 on the file of the Magistrate First Class-II, Imphal against the judgment of the Additional Sessions Judge, Manipur in Criminal Appeal 23/21 of 1965 allowing the appeal and acquitting the respondent of the offence under Section 323 I.P.C.2. The case of the appellant-complainant, P.W. 6 (Hiralal Teli) of Telipati, Imphal, is that at about 9-30 p.m. on 16.10.1964 when he was returning home after witnessing Durgapuiah, accompanied by P.Ws. 1, 2 and 3 (Ramananda Teli, Mangalal Teli and Chirkut Teli) the respondent waylaid P.W. 6 (Hiralal Teli) near the gate of the house of the respondent and beat him with a shoe and stone causing injuries. It is his further case that he made an oral complaint to the Officer-in-Charge of the Police Station in the same night, that the Police Officer came to the scene of offence, but that he could not find the respondent, that he d...
Heikrujam Tombi Singh Vs. Government of Manipur
Court: Guwahati
Decided on: Jan-27-1967
C. Jagannadhacharyulu, J.C.1. This a petition filed under Section 498 Cr.P.C. to release the petitioner on bail.2. The case of the prosecution is that at about 12 in the midnight on or about 22.2.1966 a dacoity was committed in the house of Hoyan Koirang in Nurathem, that information was lodged at about 8.00 a.m. on the next day to the Officer-in-charge of Kangpokpi Police Station by one of the neighbours of Hoyan Koireng in which the name of the petitioner was mentioned and that on 25.2.1965 the petitioner was arrested. He has been kept in the Manipur State Jail eversince.3. The petitioner filed Criminal Misc. Case No. 44 of 1966 in the Court of the Magistrate First Class, Manipur, for bail. But, it was rejected on 8.6.1966, Thereafter, he filed Criminal Misc. Case No. 276 of 1966 in the Sessions Court. It was dismissed on 7.1.1967. So, the petitioner filed the present petition.4. The main ground on which the lower Courts rejected the petition of the petitioner is that his name was m...
Maibam Birahari Singh Vs. Manipur Administration
Court: Guwahati
Decided on: Jan-27-1967
C. Jagannadhacharyulu, J.C.1. Criminal Appeal 14 of 1966 is an appeal filed by the accused in Sessions Trial 1 of 1966 on the file of the Sessions Judge, Manipur, at Imphal against his conviction under Section 302 I.P.C. and sentence of death.2. Criminal Reference 40 of 1966 is a reference made by the Sessions Judge under Section 374 Cr. P.C. for confirmation of the sentence of death.3. The case of the prosecution, according to the charge sheet and as brought out in the evidence, is that the deceased Nodia Singh of Keirao Pitra village was the paternal uncle of the appellant, that both of them lived in the same 'ingkhol' (homestead land) but in different adjoining houses in Keirao Pitra, that there were disputes betwen both of them, that at about 7-00 p.m. on 13-8-1964 the deceased went out of his house and did not return, that P.W. 9 (his wife Barni Devi) and others went in search of him and found him at about 10 p.m. lying dead with various cut injuries on his body in his paddy fie...
Balijan South Tea Estate Vs. Labour Court and ors.
Court: Guwahati
Decided on: Jan-27-1967
C.S. Nayudu, J.1. In this civil rule the validity of the procedure followed by the presiding officer of the labour court in taking fresh evidence and deciding upon the case on Its merits is called into question.2. The facts of the case may be briefly noticed. The management, namely, the Eastern Assam Tea Company, Ltd., the petitioner herein, dismissed one Moneswar Dutta, opposite party 3 in this petition, who was working as a woman mohorer in the Balijan South Tea Estate under the petitioner. A charge was framed against Moneswar Dutta which stated that when the total quantity of the green leaves plucked by opposite party 3's daffa was re-weighed, a large discrepancy to the tune of 489-50 kilograms was found short against the figure shown by the opposite party 3 as representing the weight of the green leaves in question. This discrepancy indicated that the opposite party 3 had committed a grave misconduct in showing that the green leaves plucked leveled much more and payment had to Toe...
Khupkhanpau Vs. Niankhojam
Court: Guwahati
Decided on: Jan-25-1967
C. Jagannadhacharyulu, J.C.1. This is a reference made by the Additional Sessions Judge, Manipur under Section 435 Cr.P.C. to set aside the order of the Sub Divisional Magistrate, Churachandpur in Criminal Misc. Case 4-C of 1964 dated 23.6.1965 directing the revision petitioner to pay monthly maintenance at the rate of Rs. 8 to a female child, viz. illegitimate daughter of the respondent herein.2. The respondent filed Criminal Misc. Case 4-C of 1964 under Section 488 Cr.P.C. for recovery of maintenance. The Magistrate examined witnesses and concluded that the respondent is not the married wife of the petitioner herein and, therefore, disallowed maintenance. But, he awarded maintenance in favour of her illegitimate child born to her by the petitioner. The matter was carried in revision to the Additional Sessions Judge, Manipur, who made the reference in question to this Court. The respondent remained ex parte.3. A perusal of the records shows that the Magistrate did not follow the summ...
Aribam Chhatradhwaja Sharma Vs. Nambam Luhindra and anr.
Court: Guwahati
Decided on: Jan-19-1967
C. Jagannadhacharyulu, C.J.1. This is a Criminal Revision Petition filed under Section 439 Cr.P.C. to revise the judgment dated 12.1.1966 of the Additional Sessions Judge, Manipur, in Criminal Appeal 33/25 of 1965 allowing the same and acquitting the respondent and setting aside his conviction by the Judicial Magistrate-II in Criminal Case 22 of 1964 Under Section 447 I.P.C. and the sentence to pay a fine of Rs. 300 or in default to suffer rigorous imprisonment for 2 months.2. P. W. 4 (A. Chhatradhwaja Sharma) the complainant filed Criminal Case 22 of 1964 before the Judicial Magistrate-11, Manipur Under Sections 447 and 506 I.P.C. against the respondent (Nambam Luhindro Singh alias Mohendra Singh) on 15.5.1964 alleging that he purchased an - 'ingkhol' (residential site) covered by Patta No. 87/34 (old) corresponding to 87/213 (New). I.W.T. from P.W. 1 (Ningthouiam Sanaton Singh) under Ext. A/1, registered sale deed dated 31.7.1963 for Rs. 2,700, that P.W. 1 delivered possession of th...
Thangbul and ors. Vs. Government of Manipur
Court: Guwahati
Decided on: Jan-17-1967
C. Jagannadhacharyulu, J.C.1. This is an appeal filed by the accused Thangbul alias Thangyang Baite, Songam Baite, Chongkhulet alias Chongkhu Baite, Ngamkhai Baite, Nemjatong Baite, Jilkhothang alias Jilkho Baite, Ngulyang Baite and Ngamsei Baite, who were accused Nos. 2, 3, 4, 5, 6, 8, 10 and 11 respectively in Sessions Trial Case No. 17/4 of 1964 on the file of the Additional Sessions Judge, Manipur, against their convictions under Sections 148, 307 and Section 307 read with Section 149 of the Indian Penal Code and sentences that they should undergo rigorous imprisonment for 2 years, 7 years and 5 years under each count. The Additional Sessions Judge directed that the sentences should run concurrently.2. The case of the prosecution is that since the Government of Manipur did not recognise the Matte tribe, the appellant and three other accused, who belong to Maite tribe and some other Maites, about 30 persons in all, attacked the police outpost in Sugnu and the quarters of M. Netra S...
Masha Angami and anr. Vs. Government of Manipur
Court: Guwahati
Decided on: Jan-12-1967
C. Jagannadhacharyulu, J.C.1. This is an application filed by the accused in F.I.R. Case No. 58(6)66 of Kangpokpi Police Station under Section 498 of the Criminal Procedure Code to enlarge the petitioners on bail.2. The case of the prosecution is that 32 Kg. of gun-powder were seized on 13.6.1966 from Vehicle No. MNS 4691 by the Officer in charge of Kangpokpi Police Station when the first petitioner of Kohima was bringing the same from Imphal for causing danger to human life and property, that the first petitioner pointed out the second petitioner as his supplier and that the petitioners are liable to be punished under Section 5 of the Explosive Substances Act (Act 6 of 1908).3. The first petitioner was arrested on 13.6.1966 and the second petitioner was arrested on 14.9.1966. The petitioners moved the Committing Magistrate's Court, the Sessions Court and this Court previously for bail. But, bail was refused.4. The contention of the learned Counsel for the petitioners is that the offe...
Joy Sankar Bhattacharjee Vs. Sushil Kumar Gupta and ors.
Court: Guwahati
Decided on: Jan-09-1967
C. Jagannadhacharyulu, J.C.1. This is an appeal filed under Section 417(3) Cr.P.C. by the complainant Shri Joy Sankar Bhattacharjee in Sessions Case No. 3 of 1962, on the file of the Assistant Sessions Judge of Tripura against the judgment of acquittal of the 6 accused respondents, out of whom the first was charged for offences under Sections 408 and 447-A, I.P.C. and the others under Sections 408 and 477-A I.P.C. read with Section 109 I. P. C.2. The facts of the case according to the prosecution and as brought out in the evidence are as follows:(a) The Bombay Co-operative Societies 'Act, (Bombay Act No. VII of 1925) was extended to the Union Territory of Tripura on 1.5.1959. The first respondent (Shri S.K. Gupta) was the Secretary of Tripura Central Marketing Co-operative Society {hereinafter called the C.M.S. from the inception of the Society and also during the relevant period between September 1958 to July 1959. He was entrusted with the funds of the C.M.S. and was responsible for...
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