The Calcutta Law Reports of Cases Decided by the High Court, Calcutta; Also Judgments of H.M.'s Privy Council Volume 4

The Calcutta Law Reports of Cases Decided by the High Court, Calcutta; Also Judgments of H.M.'s Privy Council Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...The next of these decisions was in the matter of Bykuntram Shaha Roy, 5 B. L. R., 434. The order there also, which was similar in its terms to that which we now are considering, was made under section 62 of the Act of 1861; but the question which was argued and decided there was, whether a Magistrate under that section could prevent a landowner from doing a lawful act on his own land; it being contended that he had only a right to prevent acts which were in ihemselves unlawful. The point which is now before us, namely, the time during which such an order could legally be made, was not raised, or intended to be raised, in that case; for the Chief Justice, in delivering the judgment of the Court, expressly says: "It is not necessary for us to determine the question whether the Magistrate has in this particular case exercised his discretion in a proper manner, or whether his order, as it stands, requires any "amendment as to the duration of the injunction or otherwise, for these questions have not been referred to us by the Division Bench." And he goes on to say, " that there may be circumstances " which Von. IV. would justify a Magistrate in issuing an order under section 62, at least for a limited " time," which shows that the point which we have now to decide was present to the mind of the Court, although they were not called upon to decide it. The last Full Bench Decision, in which a similar order came under discussion, was in the matter of C/nmder Natfi Sen, I. L. R., 2 Cal-, 293. The order there was made under section 518 of the present Code, with which we are now dealing; and the question referred was, whether this Court had jurisdiction to set aside the order, under section 15 of the more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • United States
  • English
  • black & white illustrations
  • 1236836634
  • 9781236836632