True Blue Corp Llp vs Tehsildar And Executive Magistrate ... on 28 November, 2022
Bench: R.D. Dhanuka , S.G. Dige
11-wp-8577-2021 with ... 8577 OF 2021
True Blue Crop LLP ...Petitioner
Versus
Tehsildar & Executive Magistrate
Bhiwandi & Ors. ...Respondents
WITH
WRIT PETITION NO.6022 OF 2021
Digitally
Devadassan vs The Second Class Executive Magistrate/ ... on 9 March, 2022
Author: J.K. Maheshwari
Bench: J.K. Maheshwari , Indira Banerjee
REPORTABLE
IN THE SUPREME ... DEVADASSAN …APPELLANT
Versus
THE SECOND CLASS EXECUTIVE MAGISTRATE,
RAMANATHAPURAM & ORS. ...RESPONDENT(S)
JUDGMENT
J.K. Maheshwari, J.
Leave granted.
2. Assailing the order dated
paper, a rubber stamp was
prepared with forged signature of the Executive Magistrate and
the power of attorney dated 23.01.1985 was concocted. She
had never ... Magistrate' means, - (i)
in relation to a metropolitan area, the Metropolitan Magistrate;
(ii) in relation to any other area, the Judicial Magistrate
liable to be set aside. He would further submit that the
Executive Magistrate who conducted the test identification
parade vide Ex.P-6 namely ... same were subjected to identification
in presence of the Executive Magistrate, which have been
identified vide Ex.P-6 by Geeta
Presidency Magistrate or Chief Presidency
Magistrate, shall be construed as a reference,
respectively, to a Metropolitan Magistrate or
the Chief Metropolitan Magistrate ... Having held that the confession recorded before a
Magistrate other than a Judicial Magistrate/Metropolitan
Magistrate is not admissible in evidence, it becomes clear that
were in custody when the police authorities
prayed before the learned Executive Magistrate for invoking the provisions of
Section 110 of the Code of Criminal ... learned Executive
Magistrates call for interference by this Court and as such the same are
quashed.
16
The learned Executive Magistrate henceforth will adhere
Executive
Magistrates:-
II. EXECUTIVE MAGISTRATES
(1) District Magistrates
(2) Addl. District Magistrates
(3) Sub-divisional Magistrates
(4) Executive Magistrates of the first class
(5) Executive ... Divisional Magistrate. It reads as under:-
VI. Ordinary powers of a Sub-Divisional Magistrate-
(1) The Ordinary powers of an Executive Magistrate of the
first
authority to Magistrate
of First Class (or a Presidency Magistrate) to exercise authority
for delayed registration but nowhere gives any authority to
Executive Magistrate. Even ... Presidency Magistrate or Chief Presidency
Magistrate, shall be construed as reference,
respectively, to a Metropolitan Magistrate of the
Cheif Metropolitan Magistrate;
(d) to any area
breach of the peace by submitting the
dispute to the Executive Magistrate for resolution as
between the parties disputing the question of possession
over ... having competence to enter into adjudication of civil
rights, which an Executive Magistrate cannot. The
Executive Magistrate would not take cognizance of the
dispute
Jahiben and Tikuben coupled with T.I.
Parade conducted by the executive Magistrate has not been
believed by the learned Sessions Judge ... witness of the case.
Witness Kalubhai Mohanbhai, Witness Mansukhbhai, The
executive Magistrate of Jafarabad, who has conducted the
Identification Parade ("T.I. Parade
