Askar Mea Vs. Sabdar Mea

Askar Mea vs Sabdar Mea

Type Court Judgment Court Kolkata Decided Sep 17, 1885

~1 min read

https://sooperkanoon.com/case/856035

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/856035
Court: Kolkata
Judge: Pigot and; O'Kinealy, JJ.
Decided On: Sep 17, 1885
Subject: Criminal

Case Summary

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

Criminal Procedure Code (Act X of 1882), Sections 133, 135 - Application for order to remove obstruction--Disputed title--Jurisdiction of Criminal Court. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Askar Mea

Respondent

Sabdar Mea

Legal References

Cases Referred: Basaruddin Bhuia v. Bahar Ali I.L.R.
Reported In: (1885)ILR12Cal137

Excerpt

criminal procedure code (act x of 1882), sections 133, 135 - application for order to remove obstruction--disputed title--jurisdiction of criminal court. - pigot and o'kinealy, jj.1. we think the magistrate is right in the reference made; and direct that the order be set aside.2. we do so on the ground that, in this case, a bond fide question seems to exist, as to whether there ever was a public road in the place in question. when such a question arises it is one for the civil courts, as the case of basaruddin bhuia v. bahar ali i.l.r. 11 cal. 8 decides.3. the enquiry contemplated by those sections of the criminal procedure code is an enquiry into the existence or non-existence of the obstruction complained of-not an enquiry into disputed questions of title.

Full Judgment

Pigot and O'Kinealy, JJ.

1. We think the Magistrate is right in the reference made; and direct that the order be set aside.

2. We do so on the ground that, in this case, a bond fide question seems to exist, as to whether there ever was a public road in the place in question. When such a question arises it is one for the Civil Courts, as the case of Basaruddin Bhuia v. Bahar Ali I.L.R. 11 Cal. 8 decides.

3. The enquiry contemplated by those sections of the Criminal Procedure Code is an enquiry into the existence or non-existence of the obstruction complained of-not an enquiry into disputed questions of title.

Same Parties Askar Mea vs Sabdar Mea Same Subject Criminal Same Judge Pigot and; O'Kinealy, JJ.

Criminal