Guwahati Court August 1973 Judgments
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R.B. Mills Private Ltd. and anr. Vs. the Secretary to the Govt. of Ass ...
Court: Guwahati
Decided on: Aug-23-1973
P.K. Goswami, C.J.1. This application under Article 226 of the Constitution of India is filed with a prayer for striking down Rule 44-A of the Prevention of Food Adulteration Rules, 1955 (Central Rules), hereinafter referred to as 'the Rules', and for quashing the notification of the State Government. No. MPH. 332/61/152 dated 10-3-1966. which has been made in pursuance of Rule 44-A of the Rules with regard to 'khesari gram'.2. The petitioner No. 2 is the Accountant of Messrs. R. B. Mills Private Limited. Barpeta Road (Petitioner No. 1) and he along with the Managing Director of the said firm were prosecuted before, the Sub-Divisional Magistrate (Judicial), Barpeta, in Case No. 343-C of 1973 under Section 16 of the Prevention of Food Adulteration Act read with Rule 44-A of the Rules. The petitioners aver in paragraph 13 of the application as follows:That it is most respectfully submitted that the particular gram, namely, Khesari gram is mainly used not only by the poor class of the s...
Narayanmal Maheshri Vs. Lalit Giri and ors.
Court: Guwahati
Decided on: Aug-20-1973
D.M. Sen, J.1. This is an application under Section 439, Criminal Procedure Code against an order passed by the learned Sub-Divisional Magistrate (Judicial). Kokrajhar dropping certain proceedings under Section 145, Criminal Procedure Code.2. Since the learned Magistrate could not himself decide as to which of the parties were in possession of the disputed land, he referred the matter to the Court of the learned Munsiff, Kokrajhar under Section 146(1) of the Criminal Procedure Code, The learned Munsiff came to the finding as under;From the above discussion it is palpably clear that the parties are in joint possession of the disputed land in question.In other words, the learned Munsiff held that the disputed land was not in ex-elusive possession of any of the parties, but was possessed jointly by both the parties. Sub-section (1-B) of Section 146 of the Criminal Procedure Code provides that a Magistrate must on receipt of the decision of the Civil Court dispose of the proceeding under...
KasimuddIn Sarkar and ors. Vs. the State of Assam
Court: Guwahati
Decided on: Aug-10-1973
B.N. Sarma, J.1. The 10 appellants have been convicted by the Sessions Judge, Goalpara under Sections 148. 302/149 and 323/149 of the I. P. C. and each of them has been sentenced to rigorous imprisonment for life under Sections 320/149 and to rigorous imprisonment for one month under each of the other two sections. Being aggrieved by the order of the learned Sessions Judge they have now come up in appeal.2. The prosecution case in brief was that on 28-7-1968 at about 6 A. M. the accused-appellants formed an unlawful assembly being armed with various deadly weapons with the common object of committing trespass into the land fall-ins in the share of P. W. 1 Abdul Gani and others situated at village Mowartari within Bilasipara Police Station and in prosecution of the said common object caused the death of two persons, namely, Raijuddin and Rustom and caused injuries to some other persons including P. W. 9 Shah Alam and P. W. 10 Ismail Sheikh while they came to protest against the action...
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