Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973:s. 133 - Scope of - Discussed - On facts, order of High Court directing removal of the encroachment does not suffer from infirmity so as to call for interference. Appellants were tenants on the suit premises for 15- 20 years where they erected a tin shed and were running a religious bookshop. Municipal Council tried to remove the shop. Appellants filed civil suit. SOM issued a conditional order to remove the shop on the basis of complaint of respondent no.2. Appellants appeared before SOM and requested for dismissal of application of respondent no.2. The SOM by order directed appellants to remove the shop. Appellants filed revision which was dismissed. They filed writ petition before High Court which also directed appellants to remove encroachment. Hence the appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 495 |
Petitioner | Suhelkhan Khudyarkhan & Anr. |
Respondent | State Of Maharashtra & Ors. |
SCR | [2009] 5 S.C.R. 1142 |
Judgement Date | 2009-04-15 |
Case Number | 1039 |
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