Guwahati Court April 1970 Judgments
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Ningombam Kula Singh and ors. Vs. the Union Territory of Manipur and a ...
Court: Guwahati
Decided on: Apr-27-1970
R.S. Bindra, J.C.1.The facts relevant to this revision petition filed by nine convicts Under Sections 148 and 427 of the Indian Penal Code are that the Deputy Commissioner, Manipur, settled a part of Naibi river in favour of the complainant T. Mohori Singh, the respondent No. 2 herein, and five others on 6-5-1962 for the purpose of pisciculture, and Mohori Singh and his associates constructed embankments for rearing fish. The Chief Commissioner vacated the settlement order on 7-8-1962 in an appeal filed against the same and directed the complainant and others to remove the fish fingerlings from the river by 7th of September 1962. On the morning of 9-9-1962, according to the allegations of the complainant, all the nine petitioners went to the site of the embankments, armed with Dao and spades, and made cuts therein. The complainant and one Indrajit Singh, who alone were present at the site, registered a protest. The petitioners charged at them and so the two victims had to flee from th...
Musabbir Ali Tafadar and ors. Vs. State of Assam (20-04-1970 - Guhc)
Court: Guwahati
Decided on: Apr-20-1970
P.K. Goswami, C.J.1. This criminal revision is directed against the conviction Under Sections 147, 323/149 and 436/149, Indian Penal Code. There are only three petitioners in this revision, two others have not come up before this Court. They were all sentenced to one year's R. I. Under Sections 147 and 323/149, IPC. under each head and to three years' R. I. and a fine of Rs. 900/-, in default to R. I. for another six months Under Sections 436/149, IPC.2. The prosecution case is that Abdul Khaleque Gaonbura (P.W. 2) and some others were in possession of the disputed land, and on 10-2.1962 at about 8 A.M. the accused persons along with many others, numbering about two hundred being aimed with daos and daggers etc. formed into an unlawful assembly with the common object of dispossessing Abdul Khaleque and other persons from the land, assaulted Abdul Khaleque, his mother and others and set fire to Khaleque's house and some other houses and dismantled other houses. Abdul Khaleque and eight ...
Bidyut Prova Raha Vs. Income-tax Officer, A-ward and ors.
Court: Guwahati
Decided on: Apr-20-1970
P.K. Goswami, C.J. 1. The petitioner describes herself as heiress and legal representative of late Barin Raha and an assessee under the Income-tax Act. By this application under Article 226 of the Constitution, she is challenging three orders of the Income-tax Officer, A-Ward, Digboi. The first is an assessment order dated November 25, 1965, under Section 144 of the Income-tax Act, 1961 (hereinafter referred to as the 'new Act'), for the assessment year 1961-62. The second is an order dated December 26, 1967, rectifying the above order under Section 154 of the new Act and the consequent notice of demand dated December 29, 1967, under Section 29 of the Indian Income-tax Act, 1922 (hereinafter referred to as the 'old Act'). The third is a notice dated March 13, 1967, under, Section 148 of the new Act. 2. The facts necessary for appreciation of the questions raised in this application may briefly be set out: A notice dated May 11, 1961, under Sections 22(2) and 38 of the old Act was ser...
Thounaojam Munal Singh Vs. Karam Iboyaima Singh and ors.
Court: Guwahati
Decided on: Apr-16-1970
R.S. Bindra, J.C.1. This reference Under Section 438, Criminal P.C. by Shri P. N. Roy, the Additional Sessions Judge, Manipur, covers two -criminal revision cases Nos. 1 and 2 of 1969 arising out of two proceedings Under Section 145, Criminal P.C. dealt with by the Sub-divisional Magistrate, Bishenpur, in two separate orders, each dated 10-12-1968. Practically speaking, only two points wore urged before Shri P. N. Roy, namely. (1) that notice of the proceedings had not been served on all the parties concerned and so the proceedings stood vitiated, and (2) that the Sub-divisional Magistrate had not perused the written statements, affidavits and documents filed by the contestants and so his conclusion lacked validity. The learned Additional Sessions Judge recorded the finding, while discussing the first point, that the notice of the proceedings had actually been not served on all the parties concerned and on that basis expressed the view that the proceedings stood vitiated. He found no ...
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