Court : Guwahati
Ram Labhaya, J.1. This is a petition under Article 226 of the Constitution of India for a writ in the nature of mandamus, certiorari and also for other suitable writs or orders. It arises out of three assessments made under the Assam Sales Tax Act, 1947. The three periods of assessments are :--(1) from 1st April, 1951, to 3oth September, 1951; (2) from 1st October, 1951, to 31st March, 1952; (3) from 1st April, 1952, to 3oth September, 1952. In respect of these periods the petitioner was assessed on certain items of turnover amounting to Rs. 50,823, Rs. 1,05,685 and Rs. 1,73,820 respectively. The turnover in each case was from tea chests and machine parts which were purchased at Calcutta by the petitioner's head office and despatched to the petitioner in Assam for use in its business, namely, manufacture and sale of tea. The assessments were made under the second proviso to Section 2 (12) of the Assam Sales Tax Act, 1947, which provides that any use by a dealer from his stock of any g...
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Datta, J.C.1. In a case instituted upon complaint the non-applicant Narcndra Chandra Dev Barman alias Malukha, a Sub-Inspector of Police was tried on charges for offences punishable under Sections 342 and 384 of the Indian Penal Code alleged to have been committed on 4-8-1950. After the conclusion of the trial and after hearing the arguments the learned Magistrate disposed of the case by passing the following order in the order sheet dated 26-5-1955:26-5-55. Heard both parties. In consideration of the documents filed and considering all facts I find that no sanction has been obtained under Section 197 Cr. P.C. The Officer concerned has been accused of having committed the offences complained of when he was acting in the discharge of his official duty. The sanction must be obtained before any proceedings are taken. In the absence of sanction under Section 197 Cr.P.C. the case is dismissed under Section 203 of Criminal Procedure Code and the accused is acquitted.2. The complaint then m...
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Sarjoo Prosad, C. J.1. This is a reference made by the Board of Sales Tax, Assam, under Section 32 (3) of the Assam Sales Tax Act (Act XVII of 1947), hereinafter called the Act.2. The reference has been made at the instance of the petitioners assessees whose head office is situated in Calcutta. The petitioners are dealers in motor vehicles and their spare parts of various kinds. They opened a branch at Gauhati on 1st April, 1949. Until the opening of this branch, it appears that M/s. Nagarmal Gaurishankar, Fancy Bazar, Gauhati, were acting as agents of the petitioners and sold goods on their behalf. But, on the opening of their office at Gauhati, M/s. Nagarmal Gaurishankar ceased to be their selling agent. On receipt of information about the petitioner's business, the Superintendent of Taxes, Gauhati, entered upon their place of business and seized certain books of account on 21st January, 1950, The petitioners thereafter filed an application on 24th January, 1950, for registration un...
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Brij Narain J.C.1. This is an application by Dr. Ram Monohar Lohia and six others for a writ of Habeas Corpus. The petitioners alleged that they were wrongfully and illegally arrested on 11-4-1955 at about 5-30 P. M. in the Tikendrajit Park, Imphal when Dr. Ram Monohar Lohia was delivering a speech on the ground that the holding of public meetings was prohibited by an order on the analogy of Section 144, Criminal P. C, dated 17-12-1954, passed i by the District Magistrate, Manipur, within a radius of two miles from the Court of the District Magistrate, Manipur and this order was subsequently substituted by another order dated 21-12-1954 by which the area was increased to 4 miles and both those orders were proclaimed without being published in the Manipnr Gazette, from police van.On 15-2-1955 the Chief Commissioner, Manipur, published the Notification No. HP/83/54 whereby this order analogus to Section 144, Criminal P. C, was extended for another period of 3 months within, the radius o...
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Reported in : 1956CriLJ249
1. This is an application in revision on behalf of Ukakhasia against the order of the Senior Extra Assistant Commissioner, Imphal dated 23-12-1954 by which it has been held that the case under Section 161/116, I.P.C. started against the petitioner by the Jiribam Police on the complaint of the opposite party No. 3 Shri Naba kumar Singh, has been held to be triable by the senior E, A. C, and not by a Special Judge as provided by Section 7, Criminal Law Amendment Act, 1952 (Act XLVI of 1952).2. It appears from the complaint dated 15-3-1954 that according to the prosecution the petitioner went to the quarters of the opposite party No. 3 at about 9 A.M. on 15-3-1954 and told him that he had filed a petition in the court of She opposite party No. 8 a week back for getting settlement at Latingkhal Makha. The opposite party No. 3 told the petitioner that the petition might be lying with the Amin and an enquiry might be made in the office, but the petitioner refused to leave the room and offere...
Tag this Judgment!Court : Guwahati
Reported in : 1956CriLJ249
ORDERBrij Narain, J.1. This is an application in revision on behalf of Ukakhasia against the order of the Senior Extra Assistant Commissioner, Imphal dated 23-12-1954 by which it has been held that the case under Section 161/116, I.P.C. started against the petitioner by the Jiribam Police on the complaint of the opposite party No. 3 Shri Naba kumar Singh, has been held to be triable by the senior E, A. C, and not by a Special Judge as provided by Section 7, Criminal Law Amendment Act, 1952 (Act XLVI of 1952).2. It appears from the complaint dated 15-3-1954 that according to the prosecution the petitioner went to the quarters of the opposite party No. 3 at about 9 A.M. on 15-3-1954 and told him that he had filed a petition in the court of She opposite party No. 8 a week back for getting settlement at Latingkhal Makha. The opposite party No. 3 told the petitioner that the petition might be lying with the Amin and an enquiry might be made in the office, but the petitioner refused to leave...
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Ram Labhaya, J.1. This is a petition for transfer of a G. R. Case-No. 5/52, pending in the Court of Mr. S. Sarkar Magistrate, 1st Class, Gauhati. Mr. N. C. Bose,. Manager of tile United Jiauk of India is the petitioner beiore us. fie reported to the police that Probodn Dutta Gupta, accused (opposite party) had by fraud and manipulation of accounts committed criminal breach of trust in respect of a sum of Us. 11,816/- belonging to die bank. Alter investigation the accused was chargesiiueted for offences, Under Sections 409 and 477A, Penal Code. The case has dragged on a weakly existence for about two' years.2. The petitioner's case is that he was being,, cross-examined by the Advocate for the defence On 17-7-1953. During the course of the cross-examination, the learned Magistrate addressing the-deieuce counsel said: 'Do not expose him Mr., Choudhury'. The petitioner asserts that the remarks insinuated that he was in complicity with the accused in the commission of the crime, though the...
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Brij Narain J.C.(1) Sri Sagolsem Indramani Singh, Sri R. K. Maipak Sana Singh, Sri Yengmaso and Sri Wahengbam Pralhada Singh have brought this appeal against the order of Sri Niladhawaja Singh, Sub-Divisional Officer, Sadar and Magistrate First Class, Manipur dated 12-10-1953 sentencing the convict appellants to 6 months' rigorous imprisonment each, on each of the charges Under Sections 124A and 153A, IPC But the sentences have been ordered to run concurrently. The appellants had also been charged Under Section 120-B, IPC but they were acquitted under the aforesaid charge.This appeal should, under the provisions of the Code of Crimnial Procedure, 1898, have been filed in the Court of Sessions Judge, Manipur, but as the Code of Criminal Procedure has not been enforced in Manipur under the Merged States (Laws) Act, 1949 and Part C States (Laws) Act, 1950, the provisions of Manipur State Courts' Act, 1947, are applicable where they are against the provisions of the Code of Criminal Proce...
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Ram Labhaya, J.1. The State of Assam has appealed from an order o Mr. B. R. Das, Magistrate 1st Class, Mangaldai, dated 25-8-1952 by which he acquitted Naramud-din Ahmed and Roisuddin Kabiraj rinding them nut guilty of offences with which they had been charged. Roisuddin has died. The appeal against him has abated. It is now directed against the acquittal of Narumuddin Ahmed alone.2. The proceeding was initiated on a complaint by Md. Foimuddin Gaobura. The complaint was Under Sections 342/161/381, IPC It embodies a very brief statement of the prosecution case. It discloses that the two accused Naramuddin and Roisuddm called him (complainant) from Tengani Hatkhoia oil 5-3-1951 tied his hands and kept him in confinement for about an hour in front of the shophouse belonging to one Dhuler Pathak. Roisuddin, accused, got Rs. 200/- m cash from his father Jaimuddin and released him.3. The complaint was put in on 7th May 1951, the occurrence was alleged to have taken place at 5-5-1951 which w...
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Ram Labhaya, J.1. This is an appeal from the order of the Deputy Commissioner, Sibsagar dated 9th August, 1953 by which the appellant was found guilty and convicted under section 304 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years.2. The prosecution case was that on llth May, 1952 at about 2 p.m. the accused went to the house of Ataur Rahman (deceased) who was his brother-in-law. He had ascertained before going that Ataur Rahman himself was not at home. It is said that he intended to commit rape on Ataur Rahman's wife. On arrival there he asked Musst, Bibijan, wife of the deceased as to where Ataur Rahman had gone. She told him that he had gone to Bolhepar. He then seized her and wanted to drag her inside the house with intent to commit rape on her. He was trying to throw her down on a 'Khatia' when she raised the alarm. Ataur Rahman, deceased, appeared on the scene at that moment. A struggle followed between the deceased and the accused in the course ...
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