Guwahati Court December 1965 Judgments
Biren Datta and ors. Vs. the Chief Commissioner of Tripura
Court: Guwahati
Decided on: Dec-16-1965
Rajvi Roop Singh, J.C.1. The six petitioners (1. Shri Biren Dutta, 2. Shri Benu Sen, 3. Shri Dinesh Deb Barma, 4. Bhanu Ghosh. 5. Jogabrala Sen Gupta and 6. Shri Deba Brata Chakraborty). who are the detenus, and who have been detained by the Administrator, the Union Territory of Tripura under Rule 30(1) (b) of the Defence of India Rules. 1902. read with Sub-rule (11) of Rule 2 of the aforesaid Rules made by the Central Government in exercise of the powers conferred on it by Section 3 of the Defence of India Ordinance (No. 4 of 1902), have applied separately to this Court under Article 220 of the Constitution of India for the issue of a writ in the nature of 'Habeas Corpus' for their release.2. In all the 6 habeas corpus petitions the questions of law and facts involved are similar and I shall therefore briefly refer to the facts in Petition No. 10 of 1965 for the purposes of dealing with the points raised on behalf of the petitioners.3. Before dealing with the points which have been ...
Tag this Judgment!Aswini Kumar Bhowmick Vs. Dwijen Dey
Court: Guwahati
Decided on: Dec-08-1965
Rajvi Roop Singh, J.C.1. Shri Aswin Kumar Bhowmick has filed this appeal against the order of learned Magistrate First Class, Sadar, dated 27.12.1963, whereby he acquitted the opposite party from the charge under Section 406, I.P.C., in C.R. Case No. 340 of 1959.2. The relevant facts are as follows:Shri Aswini Kumar Bhowmick, as the Secretary of the School Ishanchandranagar Pargana, filed a complaint under Section 406, I.P.C., against the opposite party in the Court of S.D.M., Sadar. The learned S.D.M., after taking cognizance of the case transferred it to the file of Shri B.C. Deb Varma. He examined 4 witnesses and on 7.7.1960 framed a charge under Section 406 I.P.C., against the opposite party. Thereafter this Magistrate retired from service. On 9.12.1960, the S.D.M., Sadar withdrew the case to his own file and transferred it to the file of Shri W.U. Mullah Magistrate First Class, Sadar. This case remained pending in his Court from 24.12.1960 to 27.12.1963. On 27.12.1963, the prosec...
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