Guwahati Court May 1967 Judgments
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Khuraijam Jugeswar Singh and anr. Vs. Smt. Chanabam Ongbi Tomu Devi an ...
Court: Guwahati
Decided on: May-31-1967
C. Jagannadhacharyulu, J.C.1. This is a criminal revision petition filed by Khuraijam Jugeswar Singh of Terakeithel Yambem Leikai and Wahengbam Nodiachand Singh of Wahengbam teikai respectively under Section 439 read with Section 561-A Cr.P.C. to set aside the order of Shri C. Upendra Singh, Magistrate First Class Imphal dated 2.4.1966 passed in F.I.R. Case No. 281 (11) 65 of Lemphel Police Station starting Criminal Misc. Case No. 42 of 1966 to decide the dispute as to who is entitled to possession of the seized cow.2. The case of the petitioner is as follows:(a) The first respondent Chanambam Ongbi Tamu Devi of Uripok Khoisnam Leikai gave a report (vide Ext. All) dated 18.11.1965 to the Circle Inspector of the Police Station, Lamphel, alleging that she lost a cow about 2 weeks prior to 18.11.1965. that on 18.11.1965 she learnt that the cow was in possession of the first petitioner Khuraijam Jugeswar Singh, and that when she asked him to return it he refused to do so stating that he p...
Thokchom Narahari Singh and ors. Vs. Moirangthem Kerani Singh and ors.
Court: Guwahati
Decided on: May-23-1967
C. Jagannadhacharyulu, J.C.1. This is a reference made wader Section 438 Cr. P.C. by the Sessions Judge, Manipur, to set aside the order of the D. M., Bishenpnr, dated 30-3-65 passed in N. F. I. R. Case No. 15 of 1962 on his file dropping the further proceedings under Section 145 Cr. P.C.2. The brief facts of the case leading to this reference are that one Thokchom Narahari Singh of Ningthoukhong village made a report to the Police Station in Bishenpur against the respondents, alleging that they committed theft of paddy from his land, covered by patta No. 44/461-A (new). The Police filed a report in the S. D. M.'s Court in Bishenpur, requesting him to take action under Section 145 Cr. P.C. The S. D. M., Bishenpur, passed a preliminary order on 20-12-62 in N. F. I. R. Case No. 15 of 1962 and attached the land. After enquiry, he passed an order on 4-6-63 declaring the respondents to be in actual physical possession of the disputed land and delivered the same to them.3. Thokchom Narahar...
State Vs. Nongmaithem Tomchou Singh and ors.
Court: Guwahati
Decided on: May-22-1967
C. Jagannadhacharyulu, J.C.1. This is a petition filed by the Government of Manipur under Section 489, Cr.P.C. to revise the order of the Additional Sessions Judge, Manipur, in Original Revision Case No. 50/64/35/65 dated 16.2.1966, refusing to set aside the order of discharge of the respondents passed by the S.D.O., Thoubal under Section 207A (b), Cr.P.C. in C.R. Case No. 159 of 196D dated 20.7.1964.2. The ease of the prosecution is that on 5-11.1968 at about 4-00 p.m. one Kumari Nongmaithem Manisang Devi was returning home with her girl friends, namely, N. Sorojini Devi, N. Mani Devi, Y. Sanabanbi Devi, M. Purnima Devi and Kh. Thambalyaima Devi from Kakching Girls' High School, that when they reached the gate of one Naorm Kanhai Singh of Kakching Chuthek Hingthou, the respondents suddenly emerged from a truck No. MNS 5l02 which was parked there and they forcibly lifted Manisang Devi into the truck to compel her to marry the first respondent N. Tomchou Singh against her will. Though,...
Kishan Sarma Vs. State of Assam
Court: Guwahati
Decided on: May-04-1967
C. Sanjeeva Row Nayudu, C.J.1. The charge against the accused is one under Section 411, Indian Penal Code, for receiving an electric motor, which was stolen property, knowing that it was stolen.2. The evidence of the prosecution consists of proof that the motor was stolen on 25.7.1959 in a tea garden. The evidence of the prosecution also proves that it was recovered on 21.9.1959 at Doomdooma having been found in a gunny bag in a passenger bus. The accused offered an explanation in his statement as well as by examining two defence witnesses, to the effect that one Dhirendra, co-accused with him, had handed it over to him for purpose of repair. This evidence cannot be so easily brushed aside as was done by the court below on the ground that D.Ws. 1 and 2 were mere chance witnesses Generally when the recovery is made from a passenger bus in a public place and before that a certain thing is handed over to a certain person the persons happened to be present there at the time are the person...
NabIn Chandra Barooah Vs. the State and anr.
Court: Guwahati
Decided on: May-03-1967
C.S. Nayudu C.J.1. The petitioner complains that he had been illegally convicted of the offences under Sections 34A, 38 (4) and 38 (9) of the Assam Sales Tax Act, 1947 as amended by the 1964 Amendment Act (hereinafter called 'the Act').2. Section 38 (4) of the Act lays down that whoever not being a registered dealer, falsely represents, when purchasing goods, that he is a registered dealer, shall, on conviction before a Magistrate and in addition to any tax or penalty or both that may be due from him, be punishable with imprisonment which may extend to six mouths or with fine not exceeding one thousand rupees or with both. Section 38 (9) deals with evading the payment of tax and says that whoever fraudulently or wilfully evades the payment of any tax due under the Act, or conceals his liability to such tax on conviction is liable to a similar punishment.3. The petitioner's firm was dealing in contract works including well-rings, culverts, slabs and other articles. In the year 1958 th...
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