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Documents citing Ashok Kumar Ghose vs Khetra Mohan Das on 2 April, 1990

Jabed Ali Mondal vs The State Of Assam And Anr on 3 May, 2023

"5. It was further observed in the above case that Section 145, clearly states that to assume jurisdiction the Magistrate must be satisfied that the dispute is likely to cause "a breach of peace" and it is not a breach of mental peace of the parties but apprehended breach of peace in the locality. Ordinarily a person dispossessed of property must sue for recovery of specific immovable property under Sections 5 and 6 of the Specific Relief Act and if there is a threat to dispossess him he should institute a suit to obtain injunction. The Court further held, these are forum for establishing the rights of the litigants and a proceeding under Section 145, Cr. P.C. is, therefore, an extraordinary provision to grant extraordinary relief when there is likelihood of breach of peace in the locality. It was laid down that private dispute between two persons which does not disturb law and order or occasion breach of peace in the locality, the forum for getting relief is the civil court of competent jurisdiction. I am in respectful agreement with the observation and law laid down in the above decision and I do not see any reason to take different view.
Gauhati High Court Cites 16 - Cited by 0 - Full Document

Md. Kubat Ali And Ors. vs Smt. Pinjira Begum on 16 December, 1994

In support of his contention made above, the learned counsel for the petitioners claimed himself to be fortified with three of the reported cases so cited and they are - (1) (1986) 2 Gauhati LR 167 (Maqbul Hussain v. Syadur Rahman), (2) 1991 Cri LJ 1556 (Kant) Shankarlal v. Alhaz Khaja Abdul Hussain and (3) 1991 Cri LJ 1769 (Gauhati) (Ashok Kumar Ghose v. Khetra Mohan Das). Lastly, it is also submitted that the dispute between the parties is of civil nature and since it was difficult for the opposite party as to get an injunction order from the Civil Courts, therefore in the garb of the provisions of Section 145, Cr. P.C, a petition was so filed by the opposite party members figuring as the member of the first party in the said proceeding.
Gauhati High Court Cites 6 - Cited by 0 - Full Document
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