MAHAMMAD NAZAHARUL HAQUE Vs. B BAGCHI I P J P
LAWS(CAL)-1972-11-2
HIGH COURT OF CALCUTTA
Decided on November 29,1972

MAHAMMAD NAZAHARUL HAQUE Appellant
VERSUS
B.BAGCHI, I.P.J.P. Respondents





Cited Judgements :-

ABDUL RAHIM KHAN VS. UNION OF INDIA [LAWS(BOM)-1976-7-5] [REFERRED TO]


JUDGEMENT

Laik, J. - (1.)It is a long-winded litigation. These two appeals are directed against a consolidated judgment and order passed by a learned Judge of this Court, on two civil revision cases, moved by one Mahammad Nazaharul Haque (Appeal No. 479/61) and the other by his wife Surrayya Begum (Appeal No. 480/611, which arose on two separate applications moved under the provisions of Article 226 of the Constitution of India and heard together. These two appeals also have been heard one after the other. The facts and questions of law in both the appeals are almost similar. No separate argument was advanced in Appeal No. 480/61, excepting adopting the arguments made by the learned Advocate in Appeal No. 479 61. The State of West Bengal was represented by Mr. S. K. Roy Choudhury, learned Advocate. The two other respondents Nos. 1 and 2 viz., D. C., Special Branch, and the Civil Authority under the Foreigners' Order, being the same person, excepting the Union of India, appeared before us. The main argument on behalf of the respondents was advanced by Mr. S. K. Roy Choudhury, learned Advocate appearing on behalf of the said three respondents, which was adopted by Mr. Kshetri, learned Advocate appearing in Appeal No. 480/61. F. M. A. 479/61 :
(2.)It is the appellant's case that all his ancestors were Indian nationals who used to reside and carry on business in Calcutta. They owned several immovable properties in the city. Appellant's father was born in Calcutta. He was an Indian national and was employed in the Postal Department for about 20 years until he died in the year 1926 in Calcutta. The appellant's uncle was also a citizen of India (Calcutta) and carried on business and owned immovable properties. The maternal grandfather of the appellant was also a citizen of India (Calcutta) and was the owner of a decorating business from 1924. The said business is still being carried on. The father of the appellant married the appellant's mother who was also an Indian national by birth in the year 1922 and both lived permanently in Calcutta.
(3.)The appellant further stated that he was born in Calcutta in the year 1925 and received his education in this city all along. During 1937-40 he studied at La Martineire School and during 1944-46 in St. Joseph's College, Calcutta. In 1949 he married Suryya Begum who is the appellant in the other appeal (F. M. A. 480/61) who was also an Indian national by birth.


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