MADAR SARDAR vs KINU GAZI AND 7 Others — 1970 PCRLJ 643

Citation: 1970 PCRLJ 643

Court: Dacca

Year: 1969

Decision Date: 1969-11-20

Parties: MADAR SARDAR vs KINU GAZI AND 7 Others

Headnotes

Case cited as 1970 PCRLJ 643

Judgment Text

Court Name: Dacca Judge(s): Abdullah Jabir Title: MADAR SARDAR vs KINU GAZI AND 7 Others Case No.: Criminal Revision No. 70 of 1969 Date of Judgment:1969-11-20 Reported As: 1970 P Cr. L J 643 Result: Rule discharg JUDGMENT JUDGMENT This rule was issued against an order passed under section 145, Cr. P. C. The relevant facts are that upon an application filed by the present petitioner a proceeding under section 145, Cr. P. C. Was drawn up and on hearing evidences the learned Magistrate passed an order on 10-4-68 holding that the opposite-parties were in possession of the disputed land by virtue of annual settlement. The legality of the aforesaid order was challenged by the petitioner by an application filed under section 438, Cr. P. C. The Additional Sessions Judge who heard the application rejected the prayer for reference to this Court. Thereafter the petitioner obtained this rule. Mr. S. S. Haldar the learned Advocate appearing on behalf or the petitioner contended that the impugned order was passed without taking into consideration the fact that the disputed property was released on 23-7-65 by the Evacuee Property Management Board from which that opposite- parties claimed to have taken settlement of the land. It appears that the petitioner did not produce either any documentary or oral evidence in support of his claim of title or possession in the disputed land before the learned Magistrate who held inquiry into the question or possession On the other hand the…

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