Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1898 Sections 435 & 439 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Code of Criminal Procedure, 1898 (5 of 1898) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criniinal Procedure, 1898 - Section 146 - The finding of the Civil Court under this Section as to possession is final. Code of Criminal Procedure, 1898, Sections 435 & 439 - Revisional powers of the High Court - High Court cannot interfere with the findings of fact of the Civil Court in a proceeding under s. 146 Criminal P.C. - Constitution of India, 1950 Art. 227 - Power of superintendence of the High Court is limited. In the 145 proceedings converted from the 144 proceedings on a police report dated 29-2-1968, both the appellants-second parties and the respondents first parties claimed title as well as possession of the disputed land with them and filed in support documents and several affidavits. The magistrate referred the matter to the Civil Court for a finding on the issue. On a consideration of the materials placed before him, the munsif by an order dated 22-12-1975 found that the appellants-second parties were in possession. The magistrate passed an order dated 7-4-1976 in accordance with the findings on the issue as to possession by the munsif holding that the appellants-second parties were in possession. The High Court in revision under sections 435 and 439 of the Criminal Procedure Code, 1898, was of the view that the finding as to possession on the basis of documents alone without applying the mind to the affidavits cannot be sustained and set aside the orders passed by the magistrate. |
Judge | Hon'ble Mr. Justice P.S. Kailasam |
Neutral Citation | 1978 INSC 187 |
Petitioner | Chandrasekhar Singh & Ors. |
Respondent | Siya Ram Singh & Ors. |
SCR | [1979] 1 S.C.R. 947 |
Judgement Date | 1978-09-26 |
Case Number | 148 |
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