Scribd
Upload
34 views

4 No Question Answer

The magistrate must follow the proper legal procedure for resolving land disputes outlined in Sections 145 and 147 of the Code of Criminal Procedure (CRPC). This includes recording the grounds for satisfaction that a breach of peace is likely to occur due to the dispute. The magistrate can convert proceedings started under Section 145 to Section 147 if appropriate. The dispute must involve an alleged right to use the land or water, and there must be imminent danger of a breach of peace. If a civil suit has already been filed, the magistrate may drop the proceedings if there is no longer a likelihood of a breach of peace. When determining possession and ownership, the magistrate considers Sections 9 and 11 of the Specific Relief Act, but cannot try a civil suit and has limited

Uploaded by

Feroze Ishtiaque
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
34 views

4 No Question Answer

The magistrate must follow the proper legal procedure for resolving land disputes outlined in Sections 145 and 147 of the Code of Criminal Procedure (CRPC). This includes recording the grounds for satisfaction that a breach of peace is likely to occur due to the dispute. The magistrate can convert proceedings started under Section 145 to Section 147 if appropriate. The dispute must involve an alleged right to use the land or water, and there must be imminent danger of a breach of peace. If a civil suit has already been filed, the magistrate may drop the proceedings if there is no longer a likelihood of a breach of peace. When determining possession and ownership, the magistrate considers Sections 9 and 11 of the Specific Relief Act, but cannot try a civil suit and has limited

Uploaded by

Feroze Ishtiaque
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

4 no question:

A. Requirement of law for drawing up of a proceeding under section 145 of


crpc:
Whenever a District Magistrate or an Executive Magistrate specially empowered by the
Government in this regard] is satisfied from a police report or other information that a
dispute likely to cause a breach of the peace exists concerning any land or water of the
boundaries thereof, within the local limits of his jurisdiction, he shall make an order in
writing, stating the grounds for his being so sated.
1. An order under this section shall be subject to any subsequent decision of a Civil
Court of competent juris- diction. The existence of a dispute likely to cause a breach
of peace is the basis of Magistrate's jurisdiction in both. This section requires that
the Magistrate must record, as under section 145, a preliminary proceeding stating
the ground of his being satisfied as to the likelihood of a breach of peace.
2. A case under this section is to be decided by the same procedure as a case under
section 145. An order under section 147 passed on proceedings taken under section
133, without any action in accordance with section 145 is without jurisdiction.
Where proceedings are started under section 145 on the basis of police report, but
during the trial the Magistrate finds that it is a matter falling under section 147, he
can convert the proceedings into one under that section.
3. A proceeding under this section is a civil proceeding. There must not only be a
dispute regarding an alleged right of user of any land or water but, under sub-
section (2) of section 147, it must appear to the Magistrate that such right exists and
that there is an imminent danger of a breach of the peace resulting from a dispute
between the parties concerned. No order can be passed under section 147, when
notice was not issued under that section as required by section itself but a notice
was issued under section 145. Magistrate can drop the proceeding on the ground
that a civil suit has been instituted and that there is no likelihood of a breach of
peace after the institution of the civil suit.

The Magistrate has no power to revive such proceedings subsequently. -If the
Magistrate, after Recording evidence, finds merit in the case, he will pass orders
prohibiting interference with the right of using the disputed and as the 1st Party's
pathway. In passing such order the Magistrate has sufficient jurisdiction to pass
ancillary orders o, as to make his order of prohibition effective.
B. If the magistrate gets an oral or written documentary and he have to find which persons
land is this. who is the actually in position in that? He has to find few things. mainly the
position suit is a civil suit. And no magistrate can try a civil suit. But if the magistrate is in
the position in where he both deal with civil and criminal case in this position he will deal
the matter in bellow circumstances-

According to section 9 of the Specific Relief Act, 1877Suit by person dispossessed of immoveable
property-

If any person is dispossessed without his consent of immoveable property otherwise than in due course
of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding
any other title that may be set up in such suit. Nothing in this section shall bar any person from suing to
establish his title to such property and to recover possession thereof.

No suit under this section shall be brought against the Government. Means if the parties are calming the
government property the magistrate can’t take the case here. Because no government property can be
brought under suit.

No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall
any review of any such order or decree be allowed.

If the magistrate find that first party have no position on the land withing 60 days of the filing the case-

Under the Specific Relief Act, 1877 Section 11 says Any person having the possession or control of a
particular article of moveable property, of which he is not the owner, may be compelled specifically to
deliver it to the person entitled to its immediate possession, in any of the following cases: -

(a) when the thing claimed is held by the defendant as the agent or trustee of the claimant;

(b) when compensation in money would not afford the claimant adequate relief for the loss of the thing
claimed;

(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;

(d) when the possession of the thing claimed has been wrongfully transferred from the claimant.

He considerations this matters and then he finds the appropriate solution here under the section 11 of
this act.

You might also like