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[Cites 0, Cited by 0] [Section 147] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 147(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)

(1)Whenever any [Chief Judicial Magistrate, or any other Judicial Magistrate of the first class] [Substituted by Act XL of 1966.] is satisfied, from a police report or other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise), within the local limits of his jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in written statements of their respective claims, and shall thereafter inquire into the matter [in the manner hereinafter provided] [Substituted by Act XLII of 1956 for certain words.] :[Provided that where the dispute likely to cause a breach of peace concerns any land as defined in the [Jammu and Kashmir Agrarian Reforms Act, 1976,] [Substituted by Act II of 1974, Section 4.] the powers under this section shall be exercisable by the District Magistrate or an Executive Magistrate of the first class in the same manner as they are exercisable by a Judicial Magistrate].[(1-a) The Magistrate shall then pursue the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists and the provisions of section 145 shall, as far as may be, applicable in the case of such inquiry] [Sub-section (1-a) of section 147 inserted by Act XXIV of 1978, Section 2.].