Wednesday 1 May 2024

Questions and answers on law (Part 70)

Q 1:-   Whether civil court can grant injunction even if issue of tenancy is referred to tenancy court?

Ans:- The question is not ultimately what the other reliefs are claimed in the suit. If the plaintiff is alleging that he is in possession and therefore he wants his possession to be protected by an appropriate order made under O. XXXIX R. 1 of the Code, then the Court, considering whether he is prima facie in possession and other such factors as the balance of convenience, can give interim relief by way of injunction restraining the drefendant from disturbing the plaintiffs possession. If other issues which can be decided only by the authorities under the Tenancy Act arise, then those issues may be referred to the appropriate tenancy authorities, but it cannot be said that unless those issues are answered by the proper tenancy authorities no interim relief can be given by the Civil Courts under O. XXXIX R. 1 of the Code.
Referring the issue of tenancy by Civil Court to the
Tenancy Court, does not bar the Civil Court to grant interim relief of injunction. 
Bombay High Court
Laxmi And Ors. vs Savanta Bapu Mali on 31 January, 1985
Equivalent citations: AIR 1986 Bom 169, 1988 (4) BomCR 278, (1985) 87 BOMLR 159
Bench: Jahagirdar.

Q 2:- Under which section of CRPC, copy of  judgment of conviction is to be sent to district magistrate?
Ans:  Section 365 of CRPC – Court of Session to send copy of finding and sentence to District Magistrate

In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.

Print Page

No comments:

Post a Comment