Guwahati Court November 1967 Judgments
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Toijam Gokul Singh and anr. Vs. Md. Ibrahim Mia and ors.
Court: Guwahati
Decided on: Nov-29-1967
C. Jagannadhacharyulu, C.J.1. This is a reference made by the Sessions Judge, Manipur, under Section 438, Cr.P.C., to set aside the order of the S.D.M., Bishenpur, dated 17.9.1965, passed in his Criminal Misc. Case No. 9 of 1965, under which the S.D.M. declared under Section 145, Cr.P.C., that the respondents have been in possession of the disputed land since 28.11.1960 and that they should continue to possess the same until they are ousted in due course of law.2. The S.D.M., Bishenpur, drew up proceedings on 28.11.1960 under Section 145, Cr.P.C., on the strength of a Police report dated 23.11.1960 and passed a preliminary order under Section 145(1), Cr.P.C., on 28.11.1960. He ordered attachment of the disputed land on the same date of 28.11.1960. Both the parties filed written statements, affidavits and documents in support of their respective claims to the disputed land. But, as the S.D.M. was unable to determine which of the parties was in actual physical possession of the disputed...
Wahengbam Nimai Singh Vs. Manipur Administration
Court: Guwahati
Decided on: Nov-28-1967
C. Jagannadhacharyulu, J.C.1. Criminal Appeal No. 5 of 1966 is an appeal filed by one Wahengban Nimai Singh of Chinga Makha Yanglem Leikai against his conviction under Section 304, Part II, Penal Code in Sessions Trial No. 6/7 of 1965 on the file of the Additional Sessions Judge, Munipur and sentance that he should undergo R.I. for 5 years. Criminal Appeal No. 10 of 1966 is an appeal filed by the Government; of Manipur against the judgment of acquittal of the remaining five accused is the same Sessions Case. Criminal Appeal No. 11 of 1966 is an appeal filed by the Government of Manipur under Section 417, Criminal P.C. to enhance the punishment of the accused Wahengbam Nimai Singh by convicting him under Section 302 read with Section 34, Penal Code or under Section 304, Part I, Penal Code.2. Six persons, by name, Khumbongmayum Babusaheb Singh, Laipokpam Naran Singh, Sougrakpam Biramangol Singh, Wangkhem Ibohal, Singh, Yanglem Biramangol Singh and Wahengbam Nimai Singh (herein after ref...
Mafizul Islam Mia Vs. K.P. Sinha
Court: Guwahati
Decided on: Nov-09-1967
C. Jagannadhacharyulu, J.C.1. These are two references made by the Sessions Judge, Tripura, under Section 438 Cr.P.C. to quash the charges framed by the S.D.M., Sadar, on 30.5.1963 against the petitioner-accused in CR. cases No. 16 of 1963 and 15 of 1963 on his file respectively under Sections 406 and 403 I.P.C. for the offences of criminal breach of trust and criminal misappropriation. As the learned Counsel for both the parties argued both the cases as clubbed and as the same questions of law arise for determination and as the petitioner is the same in both the cases, they are disposed of by this common judgment.2. In Criminal reference 14 of 1965 the case of the prosecution is that the petitioner is a contractor, who was previously executing contracts in the Public Works Department, Tripura, that on 21.11.1960 he entered into a contract with the Executive Engineer, Agartala Division No. III for construction of a Primary School for 150 days in Dakshina Anandanagar, that in pursuance...
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