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Judgment Search Results Home > Cases Phrase: mediation Court: guwahati Year: 1955 Page 1 of about 10 results (0.016 seconds)

Mar 03 1955 (HC)

Mulchand Bader Vs. the State of Assam and anr.

Court : Guwahati

Decided on : Mar-03-1955

ram labhaya, j.1. this is a petition under section 215 read with section 561 a, criminal p. c. petitioner mulchand bader has prayed for the quashing of his commitment which has been ordered by shri s. n. sen, magistrate, 1st class, tezpur by his order dated 31-12-1954. he has been committed to be tried for two offences namely (1) under section 467, penal code, for forging a sale deed ex. ii with intent to defraud the complainant jainal abedian as well as the s. d. c. at tezpur and with intent to support his claim for a mutation in case no. 413 of 1950-51 and (2) under section 471, penal code, for fraudulently using as genuine the sale deed ex. ii which he knew or had reason to believe at the time he used it to be a forged document on or about 10-7-1951.2. the commitment came to be ordered under the following circumstances. the land of which mutation was sought is situate in the town of tezpur. it is comprised in patta no. 72 which has two dag nos. 1617 and 1869. badhu sing was the original owner of this patta land. he transferred both the dags of the patta by two registered sale deeds. dag no. 1617 was conveyed to the petitioner's firm known as rawatmal mulchand. the other dag no. 1869 was conveyed to rajendra minor son of mulchand. the two sale deeds were executed on the same day. they were also registered on the date of 4 execution in calcutta. mulchand, the petitioner applied for a mutation of dag no. 1617 in the court of s. d. c. on 10-7-1951 on the basis of ex. ii. the .....

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Dec 22 1955 (HC)

Ningombam Damu Singh Vs. Khaidem Mangoljao Singh and ors.

Court : Guwahati

Decided on : Dec-22-1955

brij narain, j.c.1. this is an application in revision under section 439, criminal p. c., against an order of acquittal passed by sri o. niladhwaja singh, e. a. c., first class magistrate, manipur in criminal case no. 167 of 1904, dated 25-2-1955, and a revision application no. 167 of 1954, against this order has already been dismissed by the learned sessions judge, manipur, on 14-g-1955.2. it appears that ningombam damu singh, petitioner had come to court with the allegation that khaidem mangoljao singh, opposite party 1 had called him to his house on the pretext that he had to talk to the petitioner on an important business and when the petitioner reached there, he was bound and beaten by all the remaining opposite parties.on the petitioner's raising hue and cry, the neighbours rushed to the spot and this accident was seen by tomcha mia, companion of the petitioner also. the learned magistrate recorded the prosecution evidence and after considering that evidence, he came to the conclusion that the complainant had brought up a got up case in court and so the complaint was dismissed and the opposite parties were acquitted.the learned sessions judge rejected the revision on the ground that the judgment of the learned magistrate had not been assailed on any law point.3. the learned advocate for the petitioner has urged before me that the learned magistrate trying this case did not appreciate the evidence of the medical officer and as he failed to examine a very important .....

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Mar 15 1955 (HC)

Ukakhasia Uchai Khasia Vs. Manipur State and ors.

Court : Guwahati

Decided on : Mar-15-1955

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 the room and offered the opposite party no. 3 a packet of capstan cigarettes.the opposite party no. 3 asked the petitioner to leave the room immediately. when the former stood up for going inside the quarter to take his bath, the petitioner still remained in the room and so the opposite party no. 3 got suspicious and he found that the petitioner had on that very moment inserted five 10-rupee notes under the cover of the table where the opposite party no. 3 was sitting. the petitioner was then .....

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Apr 26 1955 (HC)

Ram Manohar Lohia and ors. Vs. V.S. Sundaram

Court : Guwahati

Decided on : Apr-26-1955

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 of 4 miles from the court of the district magistrate, manipur.according to the petitioners the people of manipur, after the illegal abolition of the manipur state legislative assembly, have been exercising their right under article 19 of the constitution of india in assembling peaceably and in giving expression and making speeches on the subject, but the executive government have denied them their abovement tioned fundamental rights and arrested various persons under various sections of the .....

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Aug 31 1955 (HC)

NuruddIn Ahmed Vs. State of Assam and ors.

Court : Guwahati

Decided on : Aug-31-1955

ram labhaya, j. 1. nuruddin ahmed, petitioner in this case, has applied for suitable writs under article 226 of the constitution of india against the state of assam, under-secretary to the government of assam in the revenue department, the deputy commissioner of cachar and illias ali,, respondent 3, in the following circumstances:2. fishery no. 11, river kushiara is on the register of fisheries maintained by the revenue department. it is a first class fishery. it is alleged that the fishery since its registration was being settled by auction in accordance with the rules which regulate the settlement of fisheries. illias ali, respondent 3 was the lessee in respect of the fishery for the last two terms viz., from 1949-50 to 1954-55. he got the settlements by bidding at the auction sales.in conformity with the rules the deputy commissioner of cachar issued a proclamation to the effect that the fishery in question (no. 11) along with others would be put up for sale on 10-2-1955 for a period of three years commencing from 1955-56. the proclamation was duly published. the petitioner went to the office of the deputy commissioner as an intending bidder for the fishery in question. but this fishery was not put up to sale as advertised. all other fisheries were duly auctioned. no information was given to the bidders why this fishery could not be put up for sale.the petitioner could not get any information about it even from the office of the deputy commissioner. the petitioner later .....

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Nov 15 1955 (HC)

Birendra Kumar Choudhury Vs. Ashutosh Adhikari and anr.

Court : Guwahati

Decided on : Nov-15-1955

brij narain, j.c.1. this is a criminal reference under section 438 cr. p. c., made by the learned sessions judge, tripura by means of his order dated 2nd june 1955 in criminal motion no. 12 of 1955 recommending that the order passed by the learned s. d. m., dharmanagar sri n. k. sinha dated 19th march, 1955, by which the complaint dated 30th december, 1954 was rejected on the ground that a fresh case could not be started upon the same facts as had been alleged by the complainant before the court in a prior complaint which formed the basis of criminal case no. 61 of 1954 and in which the accused were discharged on 2nd august 1954 after the complainant's evidence had been recorded on material points by the learned magistrate.2. it appears that the present petitioner at first brought a complaint in the court of the s.d.m., dharmanagar under section 379 i. p. c., against the opposite parties complaining that the latter had cut and removed bamboos grown on the land of the petitioner on 6th march 1954. this complaint was registered as criminal case no. 61 of 1954 and it was transferred to sri n. sinha, assistant magistrate for disposal. evidence was adduced by the complainant in order to prove the allegations made in the complaint but the learned magistrate discharged the accused on 2nd august 1954 on the ground that the evidence adduced was not sufficient to establish a prima facie case against the opposite parties.the petitioner did not file any revision against this order of .....

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Mar 15 1955 (HC)

Ukakhasia Uchai Khasia Vs. Manipur State and ors.

Court : Guwahati

Decided on : Mar-15-1955

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 offered the opposite party no. 3 a packet of capstan cigarettes.the opposite party no. 3 asked the petitioner to leave the room immediately. when the former stood up for going inside the quarter to take his bath, the petitioner still remained in the room and so the opposite party no. 3 got suspicious and he found that the petitioner had on that very moment inserted five 10-rupee notes under the cover of the table where the opposite party no. 3 was sitting. the petitioner was then handed over to the .....

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Apr 21 1955 (HC)

Kanak Chandra Bairagi Vs. Superitendent of Police and ors.

Court : Guwahati

Decided on : Apr-21-1955

ram labhaya, j.1. this order shall cover civil rule no. 168 of 1954 and criminal revision no. 116 of 1954. they arise out of the same transaction. the petitioner in both cases is kanak chandra bairagi. he joined assam police force as a constable in the year 1940. he was promoted to the post of an assistant sub-inspector and was confirmed in that post with effect from 21-1-1950. in 1951, he was posted as an assistant sub-inspector in the amguri police station in the district of sibsagar.while he was serving there, one mohan chandra ojha who was wanted in a case under section 386, i.p.c., surrendered himself at the police station. he came with the gaobura of his village and some other persons on 16-8-1951. the petitioner was not in the police station at the time. mohan chandra was put in the lock up by bhadreswar saikia, the constable. the petitioner arrived soon after. he declined to enlarge the. accused on bail on the request of his companions who then left.2. shri p. chetia, deputy minister, happened to pass by the police station that day. he stopped his car near the police station and heard some one crying, he went inside. mohan chandra ojha complained against the petitioner and the constables. he was then in the lock up. his complaint was that he had been beaten. the deputy minister sent for the doctor who examined him. he then reported the matter to the sub-divisional officer.mohan chandra ojha also lodged a complaint against the petitioner and the three constables for .....

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Jun 28 1955 (HC)

Laisram Bokul Singh and Kondolei Singh Vs. State of Manipur Through It ...

Court : Guwahati

Decided on : Jun-28-1955

brij narain, j.1. this is an application under article 226, constitution of india for obtaining a writ of mandamus or any other writ or order appropriate to the circumstances directing the respondents to give effect to this court's order dated 29-7-1954 in respect of g. c. notes of rs. 7,000/- and for giving effect to the order of the learned sub judge in civil suit no. 29 of 1954 by returning the said amount forthwith to the petitioner.2. the petitioner was charged and tried by shri o. niladhwaja singh, senior extra assistant commissioner in g. r. case no. 675 of 1955 for cheating the complainant respondent 4 of rs. 7500/-and was convicted and sentenced under section 420, i.p.c. to one year's rigorous imprisonment and a fine of rs. 400/- and in default of payment of fine to a further term of 4 months' rigorous imprisonment on 6-3-1954.an appeal was filed in the court of the learned sessions judge, manipur and in this appeal no 20 of 1954 the petitioner was acquitted on 31-3-1954. the government of manipur filed an appeal under section 417, cr. p.c. in this court against the order of acquittal and this court in criminal appeal no. 7 of 1954 reversed the decision of the learned sessions judge and the petitioner was convicted under section 411, i.p.c. and sentenced to one year's rigorous imprisonment with regard to the g. c, notes ex. p-7. this court ordered under section 517, cr. p.c. as follows:the note ex, p-7 will be returned to laisram kirti singh and the remaining g. c. .....

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Jul 07 1955 (HC)

Amulya Ranjan Pal Vs. Monoranjan Roy and ors.

Court : Guwahati

Decided on : Jul-07-1955

brij narain, j.1. this is a reference under section 438, cr. p.c. by the learned district magistrate, tripura, dated 6-1-1955 in criminal motion no. 25 of 1954 recommending that the order of acquittal dated lst/3rd july, 1954 passed by sri n. c. saha, magistrate 2nd class, kailasahar in criminal, case no. 134 of 1954 be quashed.2. it appears that sri arnulya ranjan pal complainant went to the shop of sri monoranjan roy opposite party no. 1 on 5-5-1954 to purchase three packets of playing cards and shell buttons costing re, 1/14/-. when the complainant paid the priog the opposite party no. 1 gave him the buttons but not the packets of playing cards and he placed the money inside his box. the complainant demanded the packets of cards but the opposite party wanted an additional payment of two annas. the complainant naturally wanted to get back his money but the opposite party no. 1 threatened him and so he came out of the shop.later on the opposite party no. 1 called him back saying that he should take back his money and when the complainant went inside, the opposite party no. 1 beat him with wooden sandals and also with fists. the other opposite parties also joined the opposite party no. 1 with the result that the complainant suffered simple injuries.a complaint was filed regarding this incident on 7-5-1954 and at the time of the examination of the complainant under section 200, cr. p.c. two marks of injures were noticed in the back and one mark of injury was found on the hand .....

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