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Mathura Singh And Ors. vs Ramakant Missir And Ors. on 3 September, 1971

Further reference was made to Kameshwar Singh v Rarndahin Tewari AIR 1954 Pat. 124 : 1954 Cri LJ 190 where C. P. Sinha. J, after reviewing various authorities cited before him on Sections 144. 145 and 107 of the Code. pointed out at pages 125-126 the circumstances under which the Magistrate is entitled to take recourse under those Sections. It will be instructive to quote his Lordship's observation below:
Patna High Court Cites 17 - Cited by 0 - Full Document

Sapam Punshi Singh And Anr. vs Laisangbam Tomba Singh And Ors. on 13 February, 1962

11. It is time that tams Magistrate understands that Section 145 Cr.PC should not be mis-used in tins fashion to interfere with the established right and possession was party to the land in question. As pointed out in the decision "Kameshwar Singh v. Ramdahin Tewari AIR 1954 Pat 124, the jurisdiction of a Magistrate to start proceeding Under Section 107 Cr.PC in a dispute reiaiinc to land is not ousted and if the claim of one of We parties to the proceeding is a mere pretence and the dispute raised by him is not bona fide, a proceeding Under Section 107 can be started against that party. Again, as pointed out in the decision Sutra Narain axe v. me State , action Under Section Cr. f. u. is intended to be taken against persons who in spite of orders of Civil or Criminal Courts finding possession against them persist in their unlawful conduct of disturbing the possession and taking the law into their own hands.
Gauhati High Court Cites 6 - Cited by 0 - Full Document
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