Magistrate Not Empowered To Effect Delivery Of Possession Of Property U/S 107 CrPC: Jharkhand High Court
2 years, 10 months ago

Magistrate Not Empowered To Effect Delivery Of Possession Of Property U/S 107 CrPC: Jharkhand High Court

Live Law  

The Jharkhand High Court has recently observed that a Magistrate is not empowered to give effect to delivery of possession of the property under section 107 Cr.P.C. The observation came from Justice Sanjay Kumar Dwivedi: "Looking to section 107 Cr.P.C., it is crystal clear that the Magistrate can proceed if the person is within his jurisdiction or the place of the apprehended breach of the peace or disturbance is within the local limits of his jurisdiction and only to that effect the Magistrate can pass the order under section 107 Cr.P.C. Under section 107 Cr.P.C., the Magistrate is not empowered to put possession to any person and it is done by order dated 09.5.2017 which is not the spirit of section 107." The Court after hearing the counsels and perusing documents on record noted that as per the impugned order sheet the case was registered on 22.9.2016 and by the next order dated 09 May, 2017 without calling to file show cause on behalf of the other parties, the order has been passed which is again without following the due process of law as without considering the show cause the said order has been passed.

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History of this topic

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court
1 month, 3 weeks ago

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court

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In a recent judgment, the Jharkhand High Court has held that the question of land ownership cannot be unilaterally determined by the executive authorities and a person in possession cannot be summarily evicted without due process. Thus, his order is without jurisdiction.” “The Circle Officer cannot unilaterally determine the title of the government to the subject land and only the …

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
3 months, 1 week ago

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

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Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite …

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court
3 months, 2 weeks ago

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court

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The Jharkhand High Court has reiterated that the title for ownership in regard to the property in question is not to be adjudicated under Section 6 of the Specific Relief Act, 1963. Justice Subhash Chand, while dismissing a Civil Miscellaneous Petition challenging a trial court's rejection of an impleadment application, reiterated, “the suit was for recovery of the possession under …

[S.145 CrPC] Attachment Order Cannot Be Passed If There Was No Evidence Of Likelihood Of Breach Of Peace: Meghalaya High Court
9 months ago

[S.145 CrPC] Attachment Order Cannot Be Passed If There Was No Evidence Of Likelihood Of Breach Of Peace: Meghalaya High Court

Live Law  

The Meghalaya High Court has observed that a Magistrate cannot base an attachment order under Section 146 CrPC solely on the inability to determine the possession of the disputed land, if there was no evidence of a likelihood of breach of peace as provided under Section 145 CrPC. After the investigation, police forwarded a report to the Executive Magistrate to …

Jharkhand Minerals Rules | Mere Pendency Of Confiscation Proceeding No Bar To Dispose Of Application For Release Of Vehicle: High Court
1 year ago

Jharkhand Minerals Rules | Mere Pendency Of Confiscation Proceeding No Bar To Dispose Of Application For Release Of Vehicle: High Court

Live Law  

The Jharkhand High Court while overturning the trial court's decision denying the release of a seized truck involved in an alleged illegal stone crushing operation, has observed that mere pendency of confiscation proceeding is not a bar to dispose of the application for release of the vehicle. Justice Subhash Chand observed, "From the bare perusal of Rule 11 of the …

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court
1 year, 4 months ago

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court

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The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the Department has violated Clauses …

Relief Of Delivery Of Possession Inherent In Relief Of Specific Performance Of Contract Of Sale If Defendant In Exclusive Possession: AP High Court
1 year, 6 months ago

Relief Of Delivery Of Possession Inherent In Relief Of Specific Performance Of Contract Of Sale If Defendant In Exclusive Possession: AP High Court

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The Andhra Pradesh High Court recently decided whether a separate relief for delivery of possession is required to be pleaded in a suit for specific performance of contract of sale. Observations of the Court Justice Ravi Nath Tilhari analyzed Section 22 of the Specific Relief Act, 1963 which made it evident that the plaintiff may ask for the relief of …

[O21 R64 CPC] Executing Court To Attach Only Such Portion Of Property For Sale As Is Necessary To Satisfy Decretal Amount: AP High Court
2 years, 2 months ago

[O21 R64 CPC] Executing Court To Attach Only Such Portion Of Property For Sale As Is Necessary To Satisfy Decretal Amount: AP High Court

Live Law  

In a recent case Justice B.S. Bhanumathi of Andhra Pradesh High Court set aside the order of the Execution Court for sale of attached property at a meager value to satisfy a small decretal amount. The Decree Holder filed Execution Petition for realization of the decreed amount by putting 5 Acres schedule of property for sale as per Order 21 …

Does Oral Exchange Of Land In Rural Punjab Require Compulsory Registration? Supreme Court Issues Notice
3 years, 7 months ago

Does Oral Exchange Of Land In Rural Punjab Require Compulsory Registration? Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in a special leave petition which raised the issue whether oral exchange of land in the rural areas of state of Punjab requires registration or not?In this case, the Punjab and Haryana High Court noted that Section 118 of the Transfer of Property Act is not applicable to the rural areas of the State of …

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