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september 1978

Supreme Court of India · 1978-09-26

CHANDRASEKHAR SINGH & ORS. vs SIYA RAM SINGH & ORS.

Citation / case number
SC 1977/61833
Court
Supreme Court of India
Petitioner
CHANDRASEKHAR SINGH & ORS.
Respondent
SIYA RAM SINGH & ORS.
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court held that under Section 146(1B) of the Code of Criminal Procedure, 1898, the finding of the Civil Court regarding possession is final and cannot be challenged through appeal, review, or revision. The Court clarified that an order by the magistrate in accordance with the Civil Court's decision cannot be contested under Sections 435 and 439 of the Code, as the magistrate must comply with the Civil Court's findings. The Court also stated that the High Court's powers under Article 227 of the Constitution are not limited by the provisions of the Criminal Procedure Code, allowing for superintendence over the magistrate's orders if they do not conform to the Civil Court's findings.

CHANDRASEKHAR SINGH & ORS. vs SIYA RAM SINGH & ORS. · Niyam