Guwahati Court March 1988 Judgments
Border Security Force (B.S.F.), Meghalaya Vs. State of Meghalaya and o ...
Court: Guwahati
Decided on: Mar-30-1988
Hansaria, C.J. (Actg.) 1. A questionof great importance relating to the extent ofpower of a State Government to appoint aCommission of Inquiry under theCommissions of Inquiry Act, 1952, hereinafterreferred to as the Act, is involved in thisapplication under Article 226 of the Constitutionof India, which has been filed by the BorderSecurity Force (B.S.F.) represented by theCommandant of its 74th Bn. The undisputed facts which needbe noted for disposal of this petition are these Baghmara is a Sub-Divisional town of the West Garo Hills district in: the State of Meghalaya on the international border with Bangladesh. One company of the 74th Bn Border Security Force is deployed between border pillars 1143 to 1158 with its company headquarters/border out-post in Baghmara town which is situated just on the border. It is the responsibility of this outpost to check smuggling and to maintain proper security of the international border. On 14th April, 1987, there were violent incidents in Bagh...
Tag this Judgment!idris Ali and Etc. Etc. Vs. Ramesha Khatun and Etc. Etc.
Court: Guwahati
Decided on: Mar-08-1988
G.M. Lodha, C.J. 1. In this bunch of revision petitions, an important question relating to interpretation of Section 7 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, for short 'Act of 1986', has been referred to this Bench by a single Bench. The order dt. 11-11-87 passed in one such Criminal Revision, viz., Criminal Revision No. 112/87 by the learned Judge runs as follows : -- 'A question of great importance in so far as divorced Muslim Women are concerned has arisen in these cases. The point for consideration is whether the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, shall have application when a divorced woman approaches the Court of a Magistrate for execution of the final order already passed in her favour under Section 125 of the Cr.P.C. For this purpose, it would be required to be seen whether Section 7 of the aforesaid Act shall have application atthe stage of execution of the final order passed, under Section 125 of the Cr.P.C...
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