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Kanai Lal and ors. Vs. Hyder Ali Khan Pani - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1923Cal483,73Ind.Cas.271
AppellantKanai Lal and ors.
RespondentHyder Ali Khan Pani
Excerpt:
criminal procedure code (act v of 1898), section 146 - order as to possession--brevity-revision. - .....it is impossible to lay down a hard and fast rule when this court should interfere on the ground of the brevity of the order passed in a proceeding of this kind. in the present case it is sufficient for us to say that we see no reason to think that the learned magistrate did not give full judicial consideration to the evidence before he came to the conclusion at which he arrived. this being so, there is no reason for our interference. the rule is discharged.
Judgment:

1. In this case the learned Magistrate has passed an order under Section 146 of the Code of Criminal Procedure after recording a very short order in which he states that he is unable to satisfy himself as to which of the parties is in possession of the land Several rulings have, been brought to out notice in which it has been held by this Court that the omission to write at length the reasons for coming to such a conclusion may be a ground for remanding a case It is impossible to lay down a hard and fast Rule when this Court should interfere on the ground of the brevity of the order passed in a proceeding of this kind. In the present case it is sufficient for us to say that we see no reason to think that the learned Magistrate did not give full judicial consideration to the evidence before he came to the conclusion at which he arrived. This being so, there is no reason for our interference. The Rule is discharged.


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