High CourtsDivision Bench(1895) 05 MAD CK 0001

Palaniappa Chetti and Others vs Dorasami Ayyar and Others

Madras High Court · Decided on 3 May 1895 · Citation: (1895) ILR (Mad) 402

HON’BLE JUDGES
Subramania Ayyar, J · Best, J

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Judgment

6 paragraphs · 121 words
1.

We are clearly of opinion that the Deputy Magistrate acted within his jurisdiction in passing the order complained of u/s 144 of the Code of

Criminal Procedure. Cf. Ramanuja Jeeyarsvami v. Ramanuja Jeeyar ILR 3 Mad. 354.

2.

It was not necessary for him to decide the question as to possession before passing such order and his finding that counter-petitioners were in

possession is merely incidental and in the absence of any necessity in his opinion for the passing of an order u/s 145, we cannot say that the order

passed by him was improper. Moreover, u/s 435 of the Code we have no power to interfere with an order passed with jurisdiction u/s 144.

3.

This petition is dismissed.