A. K. M. NURUL HOSSAIN 1St Party vs BEGUM SHAFIA SOLEMAN SALEH Jee2nd JUDGMENT Reported As — 1970 PCRLJ 62

Citation: 1970 PCRLJ 62

Court: Dacca

Year: 1969

Decision Date: 1969-12-31

Parties: A. K. M. NURUL HOSSAIN 1St Party vs BEGUM SHAFIA SOLEMAN SALEH Jee2nd JUDGMENT

Headnotes

J 62 Result: Reference rejected Judgment JUDGMENT This is a reference recommending that the order of a learned Magistrate directing the return of an iron gate to the first party in a proceeding under section 145, Criminal Procedure Code be set aside. The learned Magistrate dropped the proceeding under section 145, Criminal Procedure Code and while passing the said order dropping the proceedings he made the order directing the return of the iron gate to the first party.

Judgment Text

Court Name: Dacca Judge(s): Abu Muhammad Abdulla Title:A. K. M. NURUL HOSSAIN 1St Party vs BEGUM SHAFIA SOLEMAN SALEH Jee2nd JUDGMENT Reported As: 1970 P Cr. L J 62 Result: Reference rejected Judgment JUDGMENT This is a reference recommending that the order of a learned Magistrate directing the return of an iron gate to the first party in a proceeding under section 145, Criminal Procedure Code be set aside. The learned Magistrate dropped the proceeding under section 145, Criminal Procedure Code and while passing the said order dropping the proceedings he made the order directing the return of the iron gate to the first party. Mr. Mazhar Hassanain appearing in support of the reference first argued that the learned Magistrate had no jurisdiction to pass the impugned order inasmuch as proceeding under section 145, Criminal Procedure Code was confined to disputes with regard to immovable property only. 1t is true that section 145, Criminal Procedure Code should normally be confined to proceedings regarding immovable properties namely land and water which has been defined in the said section itself. But the proceedings in the present case arose out of a dispute over a ghatla. The iron gate in question was a part of the ghatla. It was seized at the instance of the first party from the possession of the second party who, it was alleged; had removed it illegally -from the site of the ghatla where it has fallen down, to the godown of the tenant of the second party. The police…

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