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1 - 10 of 16 (0.22 seconds)Section 6 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 145 in The Code of Civil Procedure, 1908 [Entire Act]
Section 146 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 141 in The Code of Civil Procedure, 1908 [Entire Act]
Section 145 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 140 in The Code of Civil Procedure, 1908 [Entire Act]
Bodh Narain Prasad vs Deo Narain Singh And Ors. on 29 November, 1957
If the idea was that the Civil Court of competent jurisdiction contemplated by Section 146 (1), Cr.P.C. was a Civil Court with full-fledged jurisdiction, both pecuniary and territorial, then it does not stand to reason that its decision would have been made subject to the decision by a revenue Court or by a survey authority, by the Legislature After reading Section 146, Cr.P.C. carefully it appears to me that the "Civil Court of competent jurisdiction" contemplated by Section 146 (1) has been given an interior status to that of the competent Court contemplated by Section 146 (1 E), otherwise the decision of the former could not be subject to the decision of the latter, and the only conceivable explanation apart from the fact that proceedings under Section 146 (1), Cr.P.C. are of a summary nature for this appears to me to be that the competent Civil Court contemplated by Section 146 (1) is not a Court with full-fledged jurisdiction, i.e., it has only territorial and not pecuniary jurisdiction. The Patna High Court in the case of Bodh Narain v. Deo Narain AIR 1958 Pat 308, held that it is only territorial and not pecuniary jurisdiction which has got to be looked into while deciding as to which Court a reference should be made by a Magistrate under Section 146 (1) Cr.P.C. For the reasons given in this judgment. I am m respectful agreement with the decision of the Patna High Court The learned counsel his not been able to urge anything to justify the conclusion that the Civil Court of competent jurisdiction contemplated by Section 146 (1), Cr.P.C. is a Court having both territorial and pecuniary jurisdiction. I may add that if there are more than one Court having territorial jurisdiction it is open to a Magistrate to send the reference to any one of those Courts.