Kundan Lal Vs. Manohar Lal

Kundan Lal vs Manohar Lal

Type Court Judgment Court Allahabad Decided Apr 19, 1929

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Citation: sooperkanoon.com/477113
Court: Allahabad
Decided On: Apr 19, 1929
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

- - On the evidence on the record I am satisfied that the Magistrate tried the case with great care and patience and examined the evidence to the best of his ability.

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Kundan Lal

Respondent

Manohar Lal

Legal References

Reported In: AIR1929All588; 117Ind.Cas.345

Excerpt

- - on the evidence on the record i am satisfied that the magistrate tried the case with great care and patience and examined the evidence to the best of his ability.dalal, j.1. i refrain from giving my opinion as to the meaning of the word 'dassa' and the propriety of its use by kundan lal, as occasion may arise for a suit in the civil court. all i have to examine is whether it would be proper to order further enquiry in the criminal court. i am decidedly of the opinion that the time of the criminal court should not further be wasted. monohar lal took his chance. the magistrate held a careful enquiry and arrived at a certain conclusion. a court of revision merely for the reason of disagreement with that conclusion is not entitled to order further enquiry. a further enquiry may be ordered only in cases where a magistrate has not taken sufficient trouble or has come to a perverse decision. on the evidence on the record i am satisfied that the magistrate tried the case with great care and patience and examined the evidence to the best of his ability. even if he came to a wrong conclusion, a court in revision has no jurisdiction to order further enquiry. i set aside the order of the district magistrate and direct the order of discharge of the magistrate mr. h. husain, dated 8th november 1928, to stand.

Full Judgment

Dalal, J.

1. I refrain from giving my opinion as to the meaning of the word 'Dassa' and the propriety of its use by Kundan Lal, as occasion may arise for a suit in the civil Court. All I have to examine is whether it would be proper to order further enquiry in the criminal Court. I am decidedly of the opinion that the time of the criminal Court should not further be wasted. Monohar Lal took his chance. The Magistrate held a careful enquiry and arrived at a certain conclusion. A Court of revision merely for the reason of disagreement with that conclusion is not entitled to order further enquiry. A further enquiry may be ordered only in cases where a Magistrate has not taken sufficient trouble or has come to a perverse decision. On the evidence on the record I am satisfied that the Magistrate tried the case with great care and patience and examined the evidence to the best of his ability. Even if he came to a wrong conclusion, a Court in revision has no jurisdiction to order further enquiry. I set aside the order of the District Magistrate and direct the order of discharge of the Magistrate Mr. H. Husain, dated 8th November 1928, to stand.

Same Parties Kundan Lal vs Manohar Lal Same Subject Civil

Civil