Skip to content


J. Ovid Vs. Seth Chanda Bhan - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All473; 76Ind.Cas.650
AppellantJ. Ovid
RespondentSeth Chanda Bhan
Excerpt:
jurisdiction of criminal courts - joint occupants of house--loch put on by one--magistrate's order to break open door, legality of--revision. - - 1. the magistrate had certainly no jurisdiction to direct the lock to be broken and the property to be handed over to the third party as custodian, but, at the same time, i fail to see that either the sessions judge or the high court has any jurisdiction, either, to interfere in the matter. the remedy of ovid is clearly by a suit in the civil court.stuart, j.1. the magistrate had certainly no jurisdiction to direct the lock to be broken and the property to be handed over to the third party as custodian, but, at the same time, i fail to see that either the sessions judge or the high court has any jurisdiction, either, to interfere in the matter. the remedy of ovid is clearly by a suit in the civil court. i do not consider it necesssary to make any remarks as to what the nature of this suit should be or who should be the defendant, but it is clear to my mind that any order i might pass in the matter will be absolutely without jurisdiction. i, therefore, direct the papers to be returned.
Judgment:

Stuart, J.

1. The Magistrate had certainly no jurisdiction to direct the lock to be broken and the property to be handed over to the third party as custodian, but, at the same time, I fail to see that either the Sessions Judge or the High Court has any jurisdiction, either, to interfere in the matter. The remedy of Ovid is clearly by a suit in the Civil Court. I do not consider it necesssary to make any remarks as to what the nature of this suit should be or who should be the defendant, but it is clear to my mind that any order I might pass in the matter will be absolutely without jurisdiction. I, therefore, direct the papers to be returned.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //