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Kundan Lal Vs. Manohar Lal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1929All588; 117Ind.Cas.345
AppellantKundan Lal
RespondentManohar Lal
Excerpt:
- - on the evidence on the record i am satisfied that the magistrate tried the case with great care and patience and examined the evidence to the best of his ability......a suit in the civil court. all i have to examine is whether it would be proper to order further enquiry in the criminal court. i am decidedly of the opinion that the time of the criminal court should not further be wasted. monohar lal took his chance. the magistrate held a careful enquiry and arrived at a certain conclusion. a court of revision merely for the reason of disagreement with that conclusion is not entitled to order further enquiry. a further enquiry may be ordered only in cases where a magistrate has not taken sufficient trouble or has come to a perverse decision. on the evidence on the record i am satisfied that the magistrate tried the case with great care and patience and examined the evidence to the best of his ability. even if he came to a wrong conclusion, a court in.....
Judgment:

Dalal, J.

1. I refrain from giving my opinion as to the meaning of the word 'Dassa' and the propriety of its use by Kundan Lal, as occasion may arise for a suit in the civil Court. All I have to examine is whether it would be proper to order further enquiry in the criminal Court. I am decidedly of the opinion that the time of the criminal Court should not further be wasted. Monohar Lal took his chance. The Magistrate held a careful enquiry and arrived at a certain conclusion. A Court of revision merely for the reason of disagreement with that conclusion is not entitled to order further enquiry. A further enquiry may be ordered only in cases where a Magistrate has not taken sufficient trouble or has come to a perverse decision. On the evidence on the record I am satisfied that the Magistrate tried the case with great care and patience and examined the evidence to the best of his ability. Even if he came to a wrong conclusion, a Court in revision has no jurisdiction to order further enquiry. I set aside the order of the District Magistrate and direct the order of discharge of the Magistrate Mr. H. Husain, dated 8th November 1928, to stand.


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