PROMODE CHANDRA DEY Vs. STATE
HIGH COURT OF GAUHATI
Promode Chandra Dey
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LAKSHMI NARAIN, J. -
(1.) THIS revision petition in the form of a second appeal has been filed by the petitioner Promode Chandra Dey, against the rejection of his appeal on 18.5.58 T.E. by their Lordships of the High Court of Judicature at Tripura. The appeal was filed against his conviction and sentence of R.I. for life under Section 302/34 Penal Code passed by the Sessions Judge of Agartala on 10.2.58 T.E.
(2.) AN objection was raised by the Government Advocate that this petition was not entertainable by this Court on the ground that the Judicial Committee of the Privy Council to which the petition laid and filed then, has already been abolished. On 6.3.50 the Hon'ble Judicial Commissioner for Tripura passed the order on this petition as follows:
This has now been taken up by this Court with the corresponding jurisdiction.
and ordered it to be registered.
The petition was filed in the Judicial Committee on 16.8.58 T.E. That Committee was abolished on 25.1.1950 A. D. Section 43 of the Tripura (Courts) Order reads as follows:
43. Pending proceedings: (1) Any proceeding -pending in a Court immediately before the commencement of this Order shall, upon the commencement of this Order, be deemed to be transferred to the Court exercising the jurisdiction under this Order which corresponds as far as may be, to the jurisdiction of the Court in which the proceeding was pending, and the Court to which the proceeding is transferred shall proceed to try, hear and determine the matter as if it had been pending in that Court. (2) Any appeal from a decree, sentence or order passed by a Court and not appealed against before the commencement of this Order shall lie to the Court exercising the jurisdiction under this Order which corresponds, as far as may be, to the jurisdiction of the Court to which such appeal would have lain if this Order had not been made. (3) Any decree, sentence or order passed before the commencement of this order by any Court shall be deemed for the purpose of execution to have been passed by a Court constituted by this order which corresponds as far as may be to the Court which passed the decree, sentence or order, as the case may be.
Provided that nothing contained in sub -para. (1) of the sub -para. (2) shall be construed' as extending the period of limitation to which any suit, appeal or application may be subject.
(3.) SECTION 8 of the above Act (order?) runs thus: Civil and Criminal jurisdiction of the Court of the Judicial Commissioner save as otherwise provided by this order or any other law for the time being in force, the Court of the Judicial Commissioner shall be the highest Civil and Criminal Court of appeal and revision for Tripura.;
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