Guwahati Court August 1970 Judgments
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Menakabala Sarkar Vs. Surendra Ch. Malakar
Court: Guwahati
Decided on: Aug-29-1970
R.S. Bindra, J.C.1. The respondent was tried by Shri N. G. Paul, Magistrate First Class, Kamalpur, on charges Under Sections 354 and 457, IPC on the basis of police report made to him Under Section 173. Criminal P.C. The victim of the alleged criminal assault was undoubtedly the present appellant Menaka- bala Sarkar. The trial ended in acquittal on 25-2-1965. The State apparently felt satisfied with the order as acquittal, as it did not file any appeal challenging its correctness. Instead. Menakabala Sarkar moved an application under Sub-section (3) of Section 417. Criminal P.C. for permission to file an appeal. That permission having been granted by my predecessor Shri Rajvi Roop Singh on 5-5-1965, an appeal against acquittal, at her instance, was registered.2. I feel clear that the appeal by Menakabala Sarkar is not maintainable in law. Section 404 of the Cri. P.C.-prescribes that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by that Code ...
Sudhir Ranjan Guha Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-27-1970
P.K. Goswami, C.J.1. The petitioner in this Civil Rule was initially an employee under the Assam Bengal Railway Company, appointed prior to 3lst March, 1938. Thai company was taken over by the Government of India with effect from 1st January, 1942. The company underwent several changes of name and at present the petitioner is serving as sub-Head in the Accounts Department under the North-East Frontier Railway at Pandu. He is a confirmed ministerial servant under the Railway. The petitioner's date of birth being 30-6-1910, he claims to retire when he attains the age of sixty years on 30-6-1970 in accordance with Rule 2046 (F.R. 56) of the Railway Establishment Code. That Rule, as it stands after the last amendment in 1967, may be quoted: (a) Except as otherwise provided in this Rule, every railway servant shall retire on the date he attains the age of fifty-eight years. (b) A ministerial railway servant who entered Government service on or before the 31st March, 1938 and held on that d...
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