Guwahati Court February 1967 Judgments
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Sahodari Sonar Vs. Kailash Ram Teli and anr.
Court: Guwahati
Decided on: Feb-28-1967
C. Jagannadhacharyulu, J.C.1. This is an appeal filed by a private complainant Sahodari Sonar of Khurai Telipati, P.S. Imphal under Section 561(A) Cr.P.C. to set aside the judgment of acquittal of the respondent-accused passed by Sri Ch. Samarendra Singh, Magistrate First Class, Imphal in F.I.R. Case 662 (6)64-I.P.S. dated 15.6.1965.2. This case raises important questions of law. The facts of the case, as narrated by the appellant, which led up to the institution of this appeal are, briefly, as follows:(a) While the appellant was taking bath in the Imphal River on 15.6.1964 at Kali-may Ghat near Khurai Telipatti, the respondent Kailash Ram Teli made immoral overtures to her with intent to outrage her modesty and she felt insulted and protested against the unmannerly conduct of the respondent. The respondent became furious and struck the appellant with a lathi. The appellant tried to ward off the blow with her right hand. But, the blow fell between the thumb and the index finger ...
Ngounipu Kabui Vs. Lungbujei Kabui and ors.
Court: Guwahati
Decided on: Feb-27-1967
C. Jagannadhacharyulu, J.C.1. This is a reference made by the Sessions Judge, Manipur, under Section 438, Criminal P.C. to set aside the order of the First Class Magistrate, Manipur, dated 1.1.1966, passed by him in Criminal Case No. 130 of 1965 refusing to examine three witnesses, who were cited by the deceased complainant in the complaint petition filed by him and to examine another witness, who is the brother of the deceased complainant.2. One Ngounipu Kabui filed a criminal case on the file of the First Class Magistrate, Manipur, against the respondents under Sections 447, 427 and 143, I.P.C., on 18.1.1965 alleging that the respondents committed offences of criminal trespass on the land in his actual possession and criminal mischief by dismantling his shed and fencing and by destroying vegetables grown by him. He cited seven witnesses including himself in the complaint petition. He died during the pendency of the criminal case and his widow (the petitioner herein) continued the pr...
Gauranga Chandra Deb Vs. the Collector of Central Excise and Land Cust ...
Court: Guwahati
Decided on: Feb-13-1967
C. Jagannadhacharyulu, J.C.1. This is a Writ Petition filed by the petitioner Shri Gauranga Chandra Deb of Joynagar Agartala, under Article 226 of the Constitution of India for a Writ of Certiorari or any other appropriate Writ quashing the order No. 13 Col.-L.C.-60 dated 25.2.1960 of the Collector of Central Excise and Land Customs, Shillong, with his office at Agartala for the State of Tripura, confiscating 41 gold bars weighing 426 tolas, 3 annas and 3 ratis under Section 67(8) of the Sea Customs Act (Act VIII of 1878) read with Section 19 of the same Act, as made applicable by Section 23 (A) of the Foreign Exchange Regulation Act (Act VII of 1947), directing the confiscation to be absolute in terms of Section 23(A) of the Foreign Exchange Regulation Act read with Section 183 of the Sea Customs Act and further imposing a penalty of Rs. 25,000 under Section 167(8) of the Sea Customs Act and to quash the Criminal Proceedings in Cr. Case No. 657 of 1959 pending before the S.D.M., Sada...
Indian Tea Employees' Union Vs. Labour Court and Ors.
Court: Guwahati
Decided on: Feb-10-1967
C.S. Nayudu, C.J.1. Two points have been urged in this civil rule by Sri Lahiri, the learned Counsel for the petitioner. He claimed that wages should have been allowed to the workman from the date of suspension, that is, 21 April 1959, till the date of the award in this case, namely, 22 December 1964, and that the labour court ought to have made provision for payment of the wages in its award. The second point taken is that there was insufficient evidence, which almost amounted to no evidence, to Justify the conclusion reached by the presiding officer.2. We find on an examination of the record and the conclusion reached by the presiding officer of the labour court, which is not disputed by Sri Lahiri, that there is the evidence of the assistant manager in support of the case of insubordination and dis-obedience of orders put forward by the management. The presiding officer also refers to the evidence of the chaukidar on the point that the workman was given orders to attend to the plu...
Sishir Kumar Deb. Vs. Sachindra Ch. Deb.
Court: Guwahati
Decided on: Feb-09-1967
C. Jagannadhacharyulu, J.C.1. This is a Criminal Revision Petition filed under Section 439 Cr. P.C. to set aside the judgment of the Assistant Sessions Judge. Tripura, dated 4-11-1965 in Criminal Appeal No. 38 of 1964 on his file, up-holding the conviction of the petitioner under Section 323 I.P.C. and the sentence to pay a fine of Rs. 25/- or in default to suffer S. I. for '10 days, passed against the petitioner Sishir Kumar Deb by the Second Class Magistrate in Khowai in Criminal Case No. 311 of 1963 on his file.2. The petitioner and another person Makhan Deb were prosecuted by P. W. 1, the complainant (Sachindra Ch. Deb), in Criminal Case No. 311 of 1963 on the file of the Second Class Magistrate of Khowai for an offence under Section 323 I, P. C. read with Section 114 I.P.C on the ground that the Complainant P.W. 1 (Sachindra Ch. Deb) was a tenant in respect of a hut with an attached godown in Khowai of the accused Makhan Deb, that on 25-12-1963 P. W. 2 (Makhan Lal Das) an employ...
Saib Ali Vs. Barindra Paul and ors.
Court: Guwahati
Decided on: Feb-03-1967
C. Jagannadhacharyulu, J.C.1. This is a reference made by the Additional Sessions Judge, Tripura, under Section 438 Cr, P, C to set aside the order of discharge of two accused persons namely Barindra Paul and Bidhu Bhusan Paul, passed by the Magistrate of Dharmanagar in Case No. C. R. 219 of 1964 on his file and to direct him to frame a charge for the offence of theft under Section 379 I P. C.2. The case of the prosecution is that, on 19-7-64, when the complainant was proceeding towards Dharmanagar market with a basket containing 20 eggs, an umbrella and six rupees in his pocket, he was called to the house of the accused Barindra Paul, that with regard to the price of the eggs there was a dispute between Barindra Paul and the complainant, and that at that time Biclhu Bhusan Paul snatched away the eggs and handed over the same to Monorama Paul, who is the wife of Barindra Paul. The prosecution further alleged that Barindra Paul and Bidhu Bhusan Paul also snatched away the umbrella of ...
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