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1 - 8 of 8 (0.20 seconds)A.H. Wheeler And Company Pvt. Limited vs State Of Bihar on 25 September, 1987
18. So far as A.H. Wheeler and
Company Pvt. Limited, Muzaffarpur vs. State of Bihar
reported in 1988 BLJR 325 put forward by the learned
counsel is concerned, the Patna High Court held that the
learned Magistrate is for preventing disorder, obstruction
and annoyance with a view to secure and maintain public
peace and tranquility and cannot adjudicate the title of
property. In the present case, the learned SDM has merely
recorded a fact which even the petitioners acknowledge
that the land is recorded as 'Gair Majarua Aam Gaddha'
(ditch).
Gulam Abbas & Ors vs State Of U.P. & Ors on 3 November, 1981
In Gulam Abbas & Ors. vs. State of
U.P. & Ors. reported in 1981 SC 2198, the Hon'ble Apex
Court was dealing with entirely different context where the
rights to perform religious rights was in question and it was
held that the order of the learned SDM being
administrative in nature is amenable to writ jurisdiction if
it violates fundamental rights.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Gopalji Prasad vs State Of Sikkim And Ors. on 9 November, 1979
In Gopalji Prasad vs. State of Sikkim
and others reported in 1981 CRI.L.J. 60, it was held by
the Sikkim High Court that Section 144 Cr.P.C. must recite
facts from which satisfaction and opinion of the Magistrate
can be inferred and founded. In this particular case, the
order dated 18.11.2019 clearly recorded that the opposite
Patna High Court CR. MISC. No.18197 of 2021 dt.05-05-2022
13/15
party are making construction on the said land as a result
of which there is tension and an untoward incident may
take place and as such he initiated proceedings section 144
Cr.P.C. Thus, the satisfaction and opinion of the Magistrate
can be clearly inferred and founded.
Anuradha Bhasin vs Union Of India on 10 January, 2020
23. It is important to state here that in
Anuradha Bhasin vs. Union of India and others reported
in (2020) 3 SCC 637 the Hon'ble Apex Court at para 124
quoted, Babulal Parate vs. The State of Maharashtra
and others (AIR 1961 SC 884) wherein it was held as
under:
Babulal Parate vs State Of Maharashtra And Others on 12 January, 1961
"26. The language of Section 144
is somewhat different. The test laid down
in the section is not merely "likelihood"
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