Guwahati Court December 1972 Judgments
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Suren Das Vs. Dhanbar Ali and ors.
Court: Guwahati
Decided on: Dec-21-1972
Baharul Islam, J.1. This application under Section 439 of the Code of Criminal Procedure by the first party is directed against an order passed by a first class Magistrate at Gauhati in a proceeding under Section 145 of the Code of Criminal Procedure ia which possession was declared in favour of the second party.2. The first party is the President of a Farming Co-operative Society and tht second parties are also members of a Farming Co-operalive Society. The first party's case is that his co-operative society owned 120 bighas of land and as it was inadequate for the Society, it applied for the disputed land measuring 183 B. 3 K. 2 Chataks, which is to the contiguous north of the first plot of 120 bighas. But as there was threat of dispossession by the second party and there was likelihood of breach of the peace, the first party prayed for a proceeding under Section 145 of the Code of Criminal Procedure. In pursuance of that application the Magistrate drew up proceedings and asked the ...
Hamendra Nath Biswas and ors. Vs. Mrinal Kanti Choudhury
Court: Guwahati
Decided on: Dec-05-1972
Baharul Islam, J.1. This application under Section 439 of the Code of Criminal Procedure by the second party in a proceeding under Section 143 of the Code of Criminal Procedure is directed against the order dated 27-8-1970 Passed by the Sub-Divisional Magistrate (Judicial). Kokra.ihar. He passed the order declaring possession of 'the first party, Mrinal Kanti Choudhurv. Manaeer, Mornoi Tea Estate Mornoi. P.S. Gossaieaon. District Goalpara.' The facts necessary for the purpose of disposal of this application mav briefly be stated as follows:2. The first party filed an application under Sections 144 and 107 of the Code of Criminal Procedure against the second party on 19-5-1969 before the District Magistrate (E), Dhubri. The learned Magistrate sent the application to the officer-in-charge. Gossaigaon Police Station, to take necessary action. Ultimately, however on police report, the application was treated as one under Section 145 of the Code of Criminal Procedure and Proceedings were d...
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