| Case ID |
2eac5824-3790-487c-b97e-96f728fda1aa |
| Body |
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| Case Number |
Criminal Revision No. 187 of 1967 |
| Decision Date |
May 05, 1967 |
| Hearing Date |
|
| Decision |
The court found that the order made by the Magistrate was arbitrary and illegal. The attachment of the disputed lands was deemed improper as it was established that no auction was held with proper notice to the locality. Furthermore, the appointment of a receiver was not justified under the provisions of the Criminal Procedure Code. The court ruled that the settlement made by the Receiver was invalid and directed that the proceeding under section 145 be disposed of expeditiously by a different Magistrate. The Circle Officer (Revenue) was to manage the property as an officer of the court under its direction. The decision emphasized the necessity of following due process in handling disputes involving land attachments and the importance of transparency in legal proceedings. |
| Summary |
This case revolves around a dispute concerning the attachment of 800 acres of land under the Criminal Procedure Code. The Dacca High Court examined the actions of the Magistrate and the Receiver, finding the latter's actions arbitrary and lacking legal basis. The court underscored the importance of adhering to legal procedures when managing disputes regarding land ownership and emphasized that any auction must be conducted with adequate notice to all concerned parties. The ruling highlighted the need for transparent processes in property disputes, ensuring that all stakeholders have the opportunity to participate fairly. Notably, the court's decision also stressed that the appointment of a receiver must follow due legal procedures, reinforcing the principles of justice and equity in property management. |
| Court |
Dacca High Court
|
| Entities Involved |
Not available
|
| Judges |
A. S. Chowdhury, J
|
| Lawyers |
Ruhul Islam,
Moazzam Hussain,
Syed Azizul Huq,
S. S. Haider,
S. A. Rahim
|
| Petitioners |
Abul Hashem Dewan
|
| Respondents |
S. D. O., Madaripur and Others
|
| Citations |
1968 SLD 60 = 1968 PCRLJ 280
|
| Other Citations |
Ramesh and others v. Nachiappa Chetlim and others A I R 1951 Mad. 764,
Diwan Chand and others v. Emperor A I R 1929 Lab. 223,
Mating San U v. Maung Su Gale A I R 1938 Rang. 88,
Dashrath v. Tarachand A I R 1925 Nag. 197,
Srinivash Pillai and others v. Sathayappa Pillai 13 Cr. L J 295,
Mewa Lal and others v. Emperor 19 Cr. L J 249
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
145(4),
145(8),
145,
146
|