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Hatemali Chaprasi Vs. Osimaddy and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in73Ind.Cas.814
AppellantHatemali Chaprasi
RespondentOsimaddy and ors.
Excerpt:
criminal procedure code (act v of 1898), section 145, proceedings under--evidence, necessity of. - 1. in this case, as the record shows, there was no evidence adduced at all before the magistrate. that being so; the order of the magistrate holding that the second party is entitled to possession of the property in dispute is one which must be set aside. it has been repeatedly held by this court that a magistrate has no jurisdiction to make an order under this section without any evidence being adduced before him.2. accordingly the order complained of is set aside.3. the rule is accordingly made absolute.
Judgment:

1. In this case, as the record shows, there was no evidence adduced at all before the Magistrate. That being so; the order of the Magistrate holding that the second party is entitled to possession of the property in dispute is one which must be set aside. It has been repeatedly held by this Court that a Magistrate has no jurisdiction to make an order under this Section without any evidence being adduced before him.

2. Accordingly the order complained of is set aside.

3. The Rule is accordingly made absolute.


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