Guwahati Court September 1970 Judgments
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Nishi Mohan Dey Vs. Sonaram Namasudra and ors.
Court: Guwahati
Decided on: Sep-21-1970
P.K. Goswami, C.J.1. This is criminal revision Under Section 439 of the Code of Criminal Procedure directed against an order of the Magistrate, First Class, Silchar, declaring possession of the disputed land in favour of the second party in a proceeding Under Section 145, Cr.PC At an earlier stage the Magistrate had referred the case to the Munsiff Under Section 146 (1), Cr.PC On receipt of the finding of the Munsiff, the learned Magistrate passed the impugned order in conformity with the said finding Under Section 146 (IB). The petitioner moved the learned Additional District Magistrate Under Section 435, Cr.PC and the Court held that the petition was not maintainable in view of the provisions Under Section 146 (ID), Cr.PC Hence this revision.2. It is submitted on behalf of the petitioner that the High Court Under Sections 435 and 439 in revision has powers to interfere with the finding of the Munsiff given Under Section 146 (IB). There is some divergence of views in the High Courts ...
Dwarika Nath Roy and ors. Vs. Babar Ali and ors.
Court: Guwahati
Decided on: Sep-21-1970
P.K. Goswami, C.J.1. The above two references were made by the learned Sessions Judge, Nowgong, recommending that the orders passed by Sri R. M. Goswami, Additional District Magistrate, Nowgong, be quashed, in view of the unreported Division Bench decision of this Court in Criminal Misc. Case No. 479 of 1969 (Assam) disposed of on 3 10-1969. It was held in that decision that Sri R. M. Goswami 'had no jurisdiction at Nowgong to exercise any magisterial power there'.2. A number of petitions has been made in this Court challenging the orders passed by the Additional Magistrate in question. As the point did not appear to be irec from some doubt these references are placed before this Full Bench for consideration of the entire matter.3. The principal question before this Full Bench is whether Sri R. M. Goswami, Additional District Magistrate, had jurisdiction at Nowgong to exercise any magisterial powers there.4. On 12th September, 1968, the State Government suggested to the High Court the...
Mrs. Meera Puri Vs. the State of Nagaland
Court: Guwahati
Decided on: Sep-18-1970
P.K. Goswami, C.J.1. This appeal is against the judgment of conviction Under Section 302, Penal Code, and sentence of imprisonment for life. The accused (Mrs. Meera Puri) is the wife of a certain Major in 10 Assam Rifles described as Major Puri, stationed at Mokokchung in Nagaland.2. The prosecution ease is briefly as follows: On 4th April, 1969, at about 5.00 P. M., the deceased Miss Alemnaro Ao, a young girl of about ten years of age, was going by the circular road at Mokokchung with her mother Mrs. Asangla Ao (P.W. a), her aunt Miss Amenla Ao (P.W. 4) and her two cousins, who were the daughters of Obangtemjen Ao (P.W. 1). P.W. 1 has married the sister of P.Ws. ii and 4. This small party walking by theroad saw so me edible leaves below the road and the children went down to pick these up. At this time, two ladies were seen in the compound of Major Puri's house at a short distance from the hospital road which is at a higher level than the house situated on a slope of a hill. The area...
Md. SerajuddIn and ors. Vs. Union Territory of Manipur
Court: Guwahati
Decided on: Sep-14-1970
R.S. Bindra, J.C.1. In a long drawn out petition under Article 134(1)(c) of the Constitution of India as many as 28 grounds are set out to support the prayer for grant of a certificate of fitness for appeal to the Supreme Court. In an overwhelming majority of those grounds it is urged that this Court had not properly appreciated the evidence on record in its judgment dated 27-4-1970. In the rest of the grounds it is stated that the case raises some complex questions of law requiring authoritative pronouncement bv the Supreme Court and that grave errors in the matter of procedure had been committed during the course of trial. However, neither the nature of the questions of law requiring authoritative pronouncement by the Supreme Court, nor the nature of procedural irregularities committed in the course of trial, is specified. Anyway, I need not labour on those points inasmuch as during the course of arguments Shri Nila-mani Singh, representing the petitioners, did not press either of t...
Prasanna Gogoi Vs. State
Court: Guwahati
Decided on: Sep-11-1970
P.K. Goswami, C.J.1. The appellant has been sentenced to life imprisonment Under Section 392, Indian Penal Code, and has lodged an appeal before this Court through Counsel. The memorandum of appeal is accompanied by a certified copy of judgment which he had earlier obtained free of cost. The Stamp Reporter has refused to register the appeal unless the required court-fee is affixed on the certified copy of the judgment amounting to Rs. 15/- under Article 9 of Schedule I of the Court Fees Act. The stamp Reporter has quoted an administrative circular of the High Court dated 2-5-1961 whereby it was ordered that 'no copy of order or judgment of a criminal proceeding shall be filed, exhibited or recorded in any Court of Justice unless the same is stamped as required under Article 9 of Schedule I of the Court Fees Act and this must be invariably followed by all concerned'.2. Mr. B. C. Barua, the learned Counsel for the appellant, submits that although the amount is small, he craves for a dec...
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