Guwahati Court March 1970 Judgments
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Dulichand Bothra and anr. Vs. the State
Court: Guwahati
Decided on: Mar-30-1970
P.K. Goswami, C.J.1. This appeal is directed against the judgment of conviction of the appellants Under Section 123/U4 of the Motor Vehicles Act. They were sentenced to pay a fine of Rs. 500/- each, in default to suffer rigorous imprisonment for five months.2. It appears that the Deputy Commissioner, Garo Hills, personally found Sudhir Kumar Das, one of the accused-appellants, driving a truck. No. AST 197 on the 26th mile on the Tura-Dalu road carrying 11 persons and without a licence That was a Sunday the 13th October, 1968 and the Deputy Commissioner on 14th October, 19i& noted these facts and issued summons on the two accused persons. He also took possession of the documents and papers found in possession of the driver. It appears on the 14th when the accused persons 'personally appeared, he examined both of them. He put to accused Sudhir Chandra Dey the following questions:Q: On 13-10-68 you are found carrying 11 (eleven) persons in vehicle AST 197 (Truck) without driving licence ...
Prabir Ranjan Deb Vs. State of Assam
Court: Guwahati
Decided on: Mar-18-1970
P.K. Goswami, C.J.1. This Criminal revision is directed against the judgment of conviction of the petitioner under Section 326, Indian Penal Code. He has been sentenced to rigorous imprisonment for six months and to say a fine of Rs. 100/-, in default to suffer rigorous imprisonment for another month.2. The prosecution case is that the accused is the nephew of the injured Hiranya Paul. The latter was proceeding towards his house when suddenly the accused came and stabbed him, causing a penetrating wound 1 1/2' x 1/2' x abdominal cavity through which the omen, turn came out. There was a linear scratch which might be caused by a fall as there is no suggestion that another blow was given. The injured immediately shouted for help and P. W. 4 came running. It was evening time and he constantly flashed his torch light and saw the accused running away with a dagger. Although the injured lost his consciousness for some time, he regained it near a Tilla whore he was lying and was found by P. ...
K. Kulachandra Singh and anr. Vs. R.K. Sanajaoba Singh and ors.
Court: Guwahati
Decided on: Mar-17-1970
R.S. Bindra, J.C.1. The short question that arises for determination in this revision petition is whether the Magistrate has power to institute fresh proceedings Under Section 145, Criminal Procedure Code, respecting immovable property while a previous order qua that property under the said provision is still in force.2. The petitioners had secured a favourable order on 12th August, 1964, respecting a piece of land in a proceeding Under Section 145, Criminal Procedure Code against one E. Gourgopal Singh. Subsequently, they moved an application on 27-11-1967 before the Sub-Divisional Magistrate complaining that the present respondents, R. K. Sanajaoba Singh, Leipaklotpi Devi and Toleima Devi, were out to disturb their possession over that land, and praying that proceedings Under Section 107, Criminal Procedure Code be initiated against them. The three respondents also moved an application on the same date against the present petitioners making an identical prayer on the allegations tha...
Sashindra Laskar Vs. Akaddas Ali
Court: Guwahati
Decided on: Mar-12-1970
P.K. Goswami, C.J.1. This application purported to be in revision is directed against an order passed by the Sadar Sub-Divisional Magistrate, First Class, Silcbar, on an application made to him for lodging a complaint under Section 188, Indian Penal Code to a proper Court.2. The facts were something like these. There wag apparently a proceeding under Section 145, Criminal P. C., in which certain land was attached. During the pendency of attachment, there was a complaint that the opposite party trespassed into the land which has given rise to the petition before the learned Sub-Divisional Magistrate for taking action for disobedience of the order of attachment. This petition was sent to the police for report which was in favour of the petitioner's allegations. The learned Sub-divisional Magistrate finally passed the following brief order:Party may take step as they deem fit.The petitioner took the matter up to the learned Sessions Judge who also refused to interfere with the order hol...
Nagendra Nath Vs. Sm. Ratna Prabha Das
Court: Guwahati
Decided on: Mar-05-1970
R.S. Bindra, J.C.1. This reference made by the Additional Sessions Judge, Agartala, Under Section 438, Criminal P.C. raises the question about the interpretation of Sections 330 and 332 of the Bengal Municipal Act, 19S2, hereinafter called the Act, which has been extended to the Territory of Tripura.2. The relevant facts can be stated in a few words. The respondent Ratna Prabha raised certain building in the Palace compound at Agartala in violation of the plan approved by the Agartala Municipality. At the instance of the Municipality, Shri Nagendra Nath, its Overseer, moved the Sub.divisional Magistrate, Agartala, Under Section 330 of the Act praying for the demolition of the unauthorised construction, That prayer was opposed by Ratna Prabha on the footing that without compliance with the provisions of 8. 332 the application made by Shri Nagendra Nath was not maintainable. The Sub.divisional Magistrate accepted that contention as well founded in law and so rejected the application mad...
Nishi Kanta Madhusudan Sen Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Mar-05-1970
Goswami, C.J. 1. By this reference under Section 256(1) of the Income-tax Act, 1961, hereinafter called 'the Act', the Income-tax Appellate Tribunal has referred the following question to this court: 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in sustaining the refusal of registration to the assessee-firm for the assessment year 1961-62, on the ground that no genuine firm came into existence under the deed dated February 23, 1959 ?' 2. The facts and circumstances revealed in the statement of the case may now be set out: The assessment year in question is 1961-62 for which the corresponding accounting year is 1367 B. S. An application under Section 26A of the old Income-tax Act, for registration of the assessee-firm as constituted under an instrument of partnership dated 23rd February, 1959, was made in respect of the assessment year 1961-62. It appears that, due to certain defects in the aforesaid deed, the firm's previous applications for r...
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