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Guwahati Court June 1950 Judgments

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Jun 23 1950

Madan Chandra Barua Vs. Mukheswar Phukan

Court: Guwahati

Decided on: Jun-23-1950

Ram Labhaya, J.1. This is a reference from the Ses J. U. A. D. It arose out of proceedings under Section 145 Cr. P.C. which culminated in an order under Section 146 Cr P.C. by Which propery in dispute was attached & it was directed that the attachment shall continue till one of the contending parties was declared entitled to possession of the property by a competent Civil Ct. The Second Party feeling Aggrieved by the order preferred an appln for revn in the Ct of the Ses J. The learned Ses J. came to the conclusion that the order of attachment passed by the learned Mag requires to be set aside & he has referred the case to this Ct under Section 438 Cr. P.C.2. The land in dispute is covered by periodic patta No. 17 of village Bubhurial. It measures 7 B. 1 K 16 L. The patta formerly stood in the name of Gathalu Ahom. He transferred it by a registred deed of sale dated 9-3-1949 to Madan Chandra Barua the 2nd party in the trial Ct. who was the petnr in the Ses Ct. Be got his name mutated...


Jun 20 1950

Dimbeswar Hazarika Vs. the State

Court: Guwahati

Decided on: Jun-20-1950

Thadani C.J.1. This is a petition by one Dimbeswar Hazarika from jail under the provisions of Article 226, Constitution of India, read with Section 491, Criminal P.C., against an order of detention passed by the Governor of Assam,dated 2-3-50.which is in these terms:GOVERNMENT OF ASSAM - Order by the Governor- Notification, Shillong, 2-3 1950.No. C. 700/49. Whereas the Governor is satisfied with respect to the person known as Dimbeswar Hazarika, s/o late Radhanath Hazarika of Kacharigaon, P. S. Sootia, District Darrang, that with a view to preventing him from acting in a manner prejudicial to the maintenance, of public order, it is necessary to make the following, order:Now, therefore, in exercise of the powers conferred by Sub-section (1) of S 3, Preventive Detention Act, 1950 IV [4] of 1950 the Governor hereby directs that the said Dimbeswar Hazarika be detained.A copy of grounds of detention is attached herewith, and he is at liberty to make a representation, which will be re...


Jun 20 1950

Labaram Deka Barua and anr. Vs. the State

Court: Guwahati

Decided on: Jun-20-1950

Ram Labhaya, J.1. This order will dispose of petitions Nos. 34 and 36 of 1950. The petitions are under Section 491, Criminal P.C.2. Labaram Deka Barua. petitioner in case No. 84 of 1960 and Ranjit Dutta petitioner in case no. 36 of 1950, were detained by two separate orders signed by Mr. I, Majid, Secretary to the Government of Assam, and passed on 2-3-1950 under Section 3, Sub-section (1), Preventive Detention Act, 1960 IV [4] of 1960.3. The orders of detention in both the cases were passed with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of public order. The grounds of detention were supplied to the petitioners along with the orders and they were informed that they were at liberty to make any representation they desired, to the Government at any time before 30-3-1950. The grounds of detention supplied to the petitioners were in substance identical.4. The grounds supplied to Labaram were as follows:(1) That you are natively connected wi...


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