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Kolkata Court October 1950 Judgments

Oct 13 1950

Janab Tozammal Khundel Sahaji Vs. Joint Secretary to the Government of ...

Court: Kolkata

Decided on: Oct-13-1950

Reported in: AIR1951Cal322

ORDER1. These two Rules were issued under Article 226 of the Constitution of India and are directed against notices issued by the Government under Section 21 (1) (a), West Bengal Security Act (XIX [19] of 1960) against the petitioner restraining him from entering or remaining within the district of 24-Parganas.2. On 28-4-1950 a notice was issued by the District Magistrate of 24-Parganas externing the petitioner from the said district for a period of three months. This period was subsequently extended on 7-8-1950 by a further period of another three months. The petitioner moved this Court and on 23-8-1950 obtained a rule (civil Rule 1179 of 1950) asking the opposite party to show cause why the order extending the period of externment should not be cancelled. This rule was made returnable on 5th September following. On 4-9-1950 an order dated 2nd September issued by the Joint Secretary in the Home Department of the Government was served on the petitioner, rescindirg the earlier order dat...

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Oct 13 1950

Sarayoo Prosad Sinha Vs. Joint Secretary to the Government of West Ben ...

Court: Kolkata

Decided on: Oct-13-1950

Reported in: AIR1951Cal424,55CWN101

ORDER1. This is a Rule on the Opposite Party to show cause why a writ in the nature of a mandamus should not be served on the latter to refrain from giving effect to the order of externment issued on the 6th September externing the petnr. from the town of Calcutta & the districts of Hooghly, Howrah & 24 Parganas.2. The petnr.'s case is that he has been domiciled in Bengal since 1919. He has got immovable properties in Bengal & carries on business & he is also employed as the Head Clerk in the Anglo Indian Jute Mill at Jagatdal in the district of 24 Parganas. He is actively associated with different trade union Bodies. As a resident within the Bhatapara Municipality he had been a commissioner of the said Municipality & had also been for some time the elected Vice Chairman & Chairman for a certain period. He also claims to be associated with different public committees & associations for assisting the refugees from East Bengal.3. On 9-5-1950 an order for externment was served upon him un...

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