BasaruddIn Bhuiah Vs. Baha Rali

BasaruddIn Bhuiah vs Baha Rali

Type Court Judgment Court Kolkata Decided Oct 11, 1884

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Citation: sooperkanoon.com/868184
Court: Kolkata
Judge: Wilson and ;Macpherson, JJ.
Decided On: Oct 11, 1884
Subject: Criminal

Case Summary

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

Right of way used by the public - Public right of way--Criminal Procedure Code, Act X of 1882, Sections 133, 134, 135, 136 and 137. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

BasaruddIn Bhuiah

Respondent

Baha Rali

Legal References

Reported In: (1885)ILR11Cal8

Excerpt

right of way used by the public - public right of way--criminal procedure code, act x of 1882, sections 133, 134, 135, 136 and 137. - orderwilson, j.1. we think the order of the deputy magistrate cannot be supported. it has been more' than once held by this court that the powers now embodied in sections 133 to 137, with regard to the obstruction of public ways, are not to be exercised where there is a bond fide dispute as to the existence of the public right. in the present case it is plain that the right of way is really in dispute, and that its existence is at least open to doubt. no order, therefore, can be made under the sections referred to, until the public right has been established by proper legal proceedings, civil or criminal.

Full Judgment

ORDER

Wilson, J.

1. We think the order of the Deputy Magistrate cannot be supported. It has been more' than once held by this Court that the powers now embodied in Sections 133 to 137, with regard to the obstruction of public ways, are not to be exercised where there is a bond fide dispute as to the existence of the public right. In the present case it is plain that the right of way is really in dispute, and that its existence is at least open to doubt. No order, therefore, can be made under the sections referred to, until the public right has been established by proper legal proceedings, civil or criminal.

Same Parties BasaruddIn Bhuiah vs Baha Rali Same Subject Criminal Same Judge Wilson and ;Macpherson, JJ.

Criminal