Q. What are the equivalent citations for Emperor vs Abbas ?

The equivalence citation are12 IND. CAS. 833 ; (1912) ILR 39 CAL 150 ; LQ/CalHC/1911/465 ;

Emperor Vs. Abbas On 05 September, 1911

Q: Q. What was the bench assigned for the case Emperor vs Abbas?

HONBLE CHIEF JUSTICE MR. LAWRENCE H JENKINS, HONBLE MR. JUSTICE MOOKERJEE, HONBLE MR. JUSTICE CARNDUFF, HONBLE MR. JUSTICE WOODROFFE, HONBLE MR. JUSTICE D CHATTERJEE

Emperor
v.
Abbas

(High Court Of Judicature At Calcutta)

No. | 05-09-1911

Lawrence H Jenkins, K C I E C J, Woodroffe, Mookerjee, Carnduff and D Chatterjee,

JJ

[1] There is in our opinion no conflict between Sections 107 and 145 of the Criminal Procedure Code, so that the fact that there is a dispute concerning land, likely to cause a breach of the peace, does not deprive a Magistrate of jurisdiction under Section 107 of the Criminal Procedure Code, where he is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity.

[2] Whether, after proceeding under Section 107 of the Criminal Procedure Code, it will be proper for a Magistrate to act under Section 145 of the Criminal Procedure Code, must depend on the circumstances of each case as it arises. It may be that after an order under Section 107 no likelihood of a breach of the peace would continue.

[3] The competence of the Magistrate to proceed under Section 107 of the Criminal Procedure Code against persons not in possession must depend upon whether as against those persons the conditions specified in the section have been, established.

Advocates List

For the Appearing Parties -------

Bench List

HON'BLE CHIEF JUSTICE MR. LAWRENCE H JENKINS

HON'BLE MR. JUSTICE MOOKERJEE

HON'BLE MR. JUSTICE CARNDUFF

HON'BLE MR. JUSTICE WOODROFFE

HON'BLE MR. JUSTICE D CHATTERJEE

Eq Citation

12 IND. CAS. 833

(1912) ILR 39 CAL 150

LQ/CalHC/1911/465

HeadNote

to exist in his opinion Criminal Procedure Code, 1898 — Ss. 107 and 145 — Seizure of property — Validity of — Held, there is no conflict between Ss. 107 and 145 Cr.P.C. so that the fact that there is a dispute concerning land likely to cause a breach of the peace does not deprive a Magistrate of jurisdiction under S. 107 Cr.P.C. where he is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity — Whether after proceeding under S. 107 Cr.P.C. it will be proper for a Magistrate to act under S. 145 Cr.P.C. must depend on the circumstances of each case as it arises — It may be that after an order under S. 107 no likelihood of a breach of the peace would continue — Competence of the Magistrate to proceed under S. 107 Cr.P.C. against persons not in possession must depend upon whether as against those persons the conditions specified in the section have been established to exist in his opinion — Land — Trespass — Criminal Procedure Code, 1898 — Ss. 107 and 145