Jammu and Kashmir Court August 1964 Judgments

Town Area Committee Vs. Th. Narsing Singh

Court: Jammu and Kashmir

Reported in: 1965CriLJ769

J.N. Bhat, J.1. This is a criminal reference made by the learned Addl. Sessions Judge Jammu dated 26-6-196S whereby he has recommended that the order of the Munsiff Magistrate, Samba dated 30-1-1962 be set aside.2. This reference came up before me and I heard the learned Counsel for the parties. The learned Counsel for the parties did not support the order of the learned Magistrate and submitted that the order was illegal, the recommendation of the Addl. Sessions Judge was correct and should be accepted. I called an explanation from the Magistrate concerned. He has given a very lengthy explanation dated 18-3-1964. In view of the controversy raised by the Magistrate about the interpretation of Section 34 of the Town Area Act and the powers of the Magistrate to hold an inquiry as to what sum was actually due from the contractor respondent to the Town Area Committee, I thought it desirable to place this case before a Division Bench, The case, therefore, was heard by a Division Bench of th...