POWER OF MAGISTRATE TO CONTROL DISPUTE OVER POSSESSION OF AN IMMOVEABLE PROPERTY

POWER OF MAGISTRATE TO CONTROL DISPUTE OVER POSSESSION OF AN IMMOVEABLE PROPERTY

Ä  When and what powers can be used by the magistrate to control dispute over possession of an immoveable property? Can possession be restored back to person dispossessed?
Ä  What order can be passed by a magistrate if any apprehension of breach of peace is brought to his notice regarding immoveable property?
INTRODUCTION

RELEVANT PROVISIONS
Section 145 of Cr.P.C 
POWER OF MAGISTRATE TO CONTROL DISPUTE OVER POSSESSION OF IMMOVEABLE PROPERTY UNDER SECTION 145
A magistrate of first class can exercise powers to control dispute over possession of an immoveable property which is likely to cause breach of the peace in police report or other information.
ESSENTIALS FOR EXERCISING POWERS BY MAGISTRATE
I-                    EXISTENCE OF DISPUTE
II-                  SATISFACTION OF MAGISTRATE
III-                DISPUTE CONCERNING LAND
IV-               DISPUTE LIKELY TO CAUSE BREACH OF PEACE
V-                 LAND MUST BE WITHIN JURISDICTION
MAKING OF ORDER
After being satisfied from police report or other information that there is a dispute exists regarding land which is likely to cause breach of the peace, he shall make the order in writing.
SERVICE OF ORDER
An order shall be served in following manner;
I-                    IN MANNER OF SUMMONS
II-                  PUBLICATION OF ORDER NEAR DISPUTE
POWERS OF MAGISTRATE
A magistrate can exercise the following powers in respect of the disputed property.
I-                    DETERMINE THE FACT OF ACTUAL POSSESSION
II-                  HEAR THE PARTIES
III-                RECEIVING OF EVIDENCE
IV-               TAKES FURTHER EVIDENCE
V-                 DECISION AS TO POSSESSION
VI-               ATTACHMENT OF PROPERTY
VII-             CANCELLATION OF ORDER OF ATTACHMENT
VIII-           APPOINTMENT OF RECEIVER
IX-               ADDITION AS TO PARTIES
X-                 DECLARATION OF ENTITLEMENT OF POSSESSION
XI-               RESTORATION OF POSSESSION
XII-             ORDER FOR DISPOSAL OR SALE
XIII-           ISSUING SUMMONS TO ANY WITNESS
XIV-          REFERRING PARTIES TO COURT OF COMPETENT JURISDICTION
The magistrate can refer the parties to a court of competent jurisdiction after attaching the property if
i)                    More of the parties are found in possession. Or
ii)                  The magistrate is unable to satisfy himself as to which of the parties were at the relevant time in possession.

EFFECT OF ORDER MADE UNDER SECTION 145
An order under section 145 is final and conclusive and is intended to be effective until the party in whose favour the order is made is evicted in due course of law.
REMEDY AGAINST SUCH ORDER
The remedy for the unsuccessful party is to file a civil suit.
SUBORDINATION OF POWER OF MAGISTRATE
Powers of criminal Courts in proceedings under section 145 Cr.P.C are subordinate to powers of civil courts which have dealt with the same property.
CONCLUSION 

1 comment:

  1. Problem is implementation of law this is all British law.Here dishonesty with their duty.Sorry to say.

    ReplyDelete