Guwahati Court May 1976 Judgments

Hema Kanta Bora Vs. Dimbeswar Chaliha and ors.

Court: Guwahati

K. Lahiri, J.1. This Criminal Reference is made by the Sessions Judge, U.A.D. at Jorhat under Section 438 of the Criminal Procedure Code, 1898 praying for quashing the charges framed against the accused Hema Kanta Bora.2. The facts necessary for determination in this case are that the complainant Dimbeswar Chaliha filed a case being Complaint Case No. 65 of 1970 against 8 accused persons. On 10-4-1970 one of the accused persons was discharged. Thereafter, 16-6-1970 was fixed for framing charges against rest of the accused persons, namely, the rest of the seven accused persons, The order sheet of that date shows that the charges were framed against all the accused persons. But, in the form of the charge the name of accused Hema Kanta Bora was not incorporated. The order dated 16-6-1970 does not show that any of the accused was discharged. The order sheet of the said date clearly discloses that charges were framed under Sections 147, 341 and 506 of the Indian Penal Code against 'all the...

Sankha Ram Sahu and ors. Vs. Bura Takbi and ors.

Court: Guwahati

Reported in: 1976CriLJ1952

ORDERK. Lahiri, J.1. This is a criminal revision under Section 439 of the Criminal P.C., 1898, read with Article 227 of the Constitution, directed against the orders dated 16-9-1975 and 14-10-1975 passed by Shri A. Ahmad, Magistrate 1st Class at Diphu in M. R. Case No. 104 of 1971.2. This proceeding has a chequered career. Admittedly the land is situated in Mikir Hills, which is governed by the Rules for Administration of Justice and Police. At all relevant period, it was in table A of the sixth schedule of the Constitution of India. The proceeding under Section 145, Criminal P. C. was initiated on 29-12-1971 on the strength of a police report. The Magistrate was satisfied that there was likelihood of breach of peace between the parties in respect of the possession of the land in question. The petitioners were the 1st parties and at their instance, the present proceeding was started. Thereafter, in due course, namely, on 27-7-1972, the learned Magistrate disposed of the proceeding, dec...

Life Insurance Corporation of India and ors. (Unit: National Insurance ...

Court: Guwahati

M.C. Pathak. C.J. 1. This Letters Patent Appeal arises out of the judgment of the learned single judge.2. Plaintiff-respondent, Omprakash Agarwalla, is the son of Mangilal Agarwalla, who died on 21st July, 1965, During his lifetime Mangilal Agarwalla insured his life under endowment assurance scheme with accident benefit clause with the National Insurance Company Ltd. for a sum of Rs. 5,000 under proposal No. 51099 dated July 31, 1955. Mangilal Agar-walla obtained the policy bearing No. 651669 and the date of commencement was August 28, 1955, from the National Insurance Company Ltd. The mode of payment of premium was yearly and the premium was payable on the 28th day of August, each year. The annual premium was Rs. 254-11-0 (Rs. 254.69). The policy was of automatic non-forfeiture system 'A'. Plaintiff, Omprakash Agarwalla, was nominated to receive the money secured by the policy. The business of the National Insurance Company Ltd. was taken over by the Life Insurance Corporation of ...

Benar Singh Tanti Vs. the State of Assam

Court: Guwahati

Baharul Islam, J.1. The appellant, Benar Singh Tanti, was tried by the Sessions Judge, Lakhimpur and Dibrugarh at Dibrugarh, under Sections 302 and 326 of the Penal Code. He was sentenced to imprisonment for life under Section 302, and sentenced to rigorous imprisonment for 3 years under Section 326 of the Penal Code. Both the sentences were directed to run concurrently.2. The prosecution case, in brief, is that on 6-3-1970 the appellant, who was a tea garden labourer, killed a girl aged about 13 years and injured 3 other persons, namely, Khirdhar Tanti (P.W. 7), Musstt. Lakhi Tanti (P.W. 8) and Dilip Lohar (P.W. 6). The garden authority having informed the police over the telephone, the police of Chabua Police Station recorded a G.D. entry and the officer-in-charge immediately left for the place of occurrence. On the spot he received a written information Ext. 1. The police registered a case and after investigation submitted a charge sheet against the appellant. In due course the com...