Jammu and Kashmir Court April 1962 Judgments
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Sidiq Khan Vs. Ghulam Qadir Khan
Court: Jammu and Kashmir
Decided on: Apr-14-1962
Reported in: 1963CriLJ52
ORDERS.M. Fazl Ali, J.1. This is a reference by the learned Additional Sessions Judge Srinagar, recommending that an order passed by the learned Magistrate attaching the shop in question as also certain moveables situated in the shop be set aside on the ground that the magistrate had no jurisdiction to attach the moveable property.2. The learned Counsel for the non-applicant opposing the reference has submitted that a magistrate acting under Section 145 Cri.P.C. has no doubt, no jurisdiction to pass an order of attachment specifically with respect to moveable property but where an order is passed in respect of immoveable property which may incidentally include moveable property which is either appurtenant to or lying in the immoveable property the order cannot be said to be suffering from any such infirmity.In support of this argument he has relied on a number of decisions. In Karain Singh v. Mr. Suraj Kishore Devi : AIR1951All826 , under, similar circumstances, attachment of certain a...
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