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Saiyid Faiyaz Ali Vs. Saiyid Ewaz Ali - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in15Ind.Cas.982
AppellantSaiyid Faiyaz Ali
RespondentSaiyid Ewaz Ali
Excerpt:
criminal procedure code (act v of 1898), sections 107, 145 - jurisdiction. - .....faiyaz ali, have been quarrelling for sometime. proceedings were started under section 107 of the code of criminal procedure and both parties were bound down to keep-the peace. that order was passed on february 14th, 1912. afterwards an order was passed under section 144 of the code of criminal procedure, prohibiting ewaz ali from collecting rents of the property in dispute. faiyaz ali also instituted a civil suit in respect of the property in dispute, for a declaration that he is in possession of the property and that he is entitled to it. the police however, reported that a dispute likely to cause a breach of the peace existed, concerning the property in question. on this, the magistrate, on the 17th of february 1901, declared ewaz ali to be in possession of it until he was evicted in.....
Judgment:

Karamat Husain, J.

1. Ewaz Ali and his son, Faiyaz Ali, have been quarrelling for sometime. Proceedings were started under Section 107 of the Code of Criminal Procedure and both parties were bound down to keep-the peace. That order was passed on February 14th, 1912. Afterwards an order was passed under Section 144 of the Code of Criminal Procedure, prohibiting Ewaz Ali from collecting rents of the property in dispute. Faiyaz Ali also instituted a civil suit in respect of the property in dispute, for a declaration that he is in possession of the property and that he is entitled to it. The Police however, reported that a dispute likely to cause a breach of the peace existed, concerning the property in question. On this, the Magistrate, on the 17th of February 1901, declared Ewaz Ali to be in possession of it until he was evicted in due course of law and prohibited all disturbance of such possession until such eviction. Faiyaz Ali comes in revision to this Court and the main point taken is, that inasmuch as Faiyaz Ali was bound down to keep the peace under Section 1G7 of the Criminal Procedure Code, the Magistrate had no jurisdiction to proceed under Section 145 of that Code. I am not concerned with the merits of the case, with the fact that the proceedings taken under Section 145 were proper or improper, I am only concerned with the question of jurisdiction, and I do not find anything either in Section 107 or in Section 145 to come to the conclusion that the proceedings taken under the former of the two sections, preclude a Magistrate from proceeding under the latter. I, therefore, reject the application.


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