Calcutta High Court
Jagomohan Pal vs Ram Kumar Gope on 16 April, 1901
Equivalent citations: (1901)ILR 28CAL416
JUDGMENT
1. The Magistrate's order should no doubt have set out the grounds on which he was satisfied that a dispute likely to cause a breach of the peace existed. Further, it would have been better, if he had given the 2nd party an opportunity of adducing his evidence.
2. But the proceedings are under Chapter XII of the Code and are, therefore, not proceedings with regard to which the Judge had any powers of revision or reference.--Section 435 (3).
3. We have no power to interfere except under the powers of "superintendence" conferred upon by Section 15 of 24 and 25 Vict., Clause 104.
4. There is no provision in the law, which gives the Judge power to call for the record in such a case or to advise us, how we are to exercise our powers of superintendence. In the circumstances we are not disposed to interfere.