Breach
of peace
Satisfaction
of the Magistrate regarding the apprehension of the breach of the peace over
the possession of a disputed property the jurisdiction of the criminal court to
deal with it is ousted. Md. Taizuddin Mia and ors. Vs. Md. Abdul Kader and
another, 18BLD (HCD)77
Breach
of peace
When
a civil Court has passed an order regulating the possession of the subject-
matter of the dispute or when a decree for possession has been passed or a
decree for permanent injunction has been granted, the jurisdiction of the
Magistrate to act under section 145 Cr.P.C. is ousted. Mozaffar Ahmed Vs. The
State others, 17BLD (HCD) 364 Ref: 45 DLR(AD)31, 35DLR180-Cited
Breach
of peace
Disputes
concerning rights of use of im- moveable property
Section
147(1) Cr.P.C. empowers a First Class Magistrate to draw up a proceeding directing the contending parties to file written statements of their respective
claims as to the right of user of any land or water when he is satisfied from a
police report or otherwise that there is likelihood of breach of the peace over
the dispute in question. But it does not empower him to pass any interim order
in respect of user of any such right before holding an enquiry as required by
sub- sections (2)(3) of section 147 Cr.P.C.
Raquib
Ali Vs. The State and others, 16BLD(HCD)170
Breach
of peace
Mere
non-mentioning of the word 'satisfaction' in the order made under section 145
Cr.P.C. does not make the order without jurisdiction but such satisfaction
must be present in the grounds stated in the order itself. It must be
gathered from the express words used in the order itself and it must not be
presumed extrinsic to the order.
When
in purported exercise of jurisdiction under section 145 Cr.P.C. without
drawing any formal proceeding thereunder, the learned Magistrate illegally
attached and sealed the case property from the possession of the petitioner but
subsequently he canceled the said order. He was required to re- store to the
petitioner the possession of the Cinema Hall in question. Abdul Quddus Vs. The
State and an- other, 15BLD(HCD) 554
Breach
of peace
In
a proceeding under section 145 Cr.P.C. the Magistrate is to decide possession
of the contending parties on taking evidence. If the finding of the Magistrate
as to possession is based on evidence before him from which he could
reasonably come to such a finding, the satisfaction of the Magistrate cannot be
substituted by the satisfaction of the superior court, unless the finding is
per- verse and shockingly unreasonable. Md. Soleman Vs. A. BarekKhalifa and
others, 15BLD(HCD)198
Breach
of peace
When
a court is, uncertain about the possession in the disputed land under section
145(4) Cr.P.C., it can attach the case land under section 146 Cr.P.C. until a
competent civil court determines the rights of the parties thereto, or the
person entitled to possession thereof. Shamsuddin alias Shamsudoha Vs. Amjad
Ali, 15BLD(HCD) 196
Breach
of peace
When
the Magistrate initiates a proceed- ing under section 145 of the Code on the
basis of a police report called for in connection. with an application under
section 144 of the Code, such a course is lawful, although it was made beyond
60 days after the passing of the first order under section 144-Cr.P.C. Ss. 144
and 145
Md.
Esrail and others Vs. Md. Ali Ash- gar and ors.15BLD(AD)117 Ref: Rebati Mohan
Dey Sarkar Vs. Ansar Ali Mondal, 5DLR 162D-Cited
Breach
of peace
When
the order of attachment under sec- tion 145(1) Cr.P.C. has no rational and
legal relationship with any legal proceeding either under section 145 Cr.P.C.
or under the Cinemaetography Act, the only measure the learned Magistrate could
take in the case was to retrace his irregular steps by giving back the cinema
hall to the person from whom it was sealed. Md. Mobarak Hossain (Ratna) Vs. Ab-
dulQuddus and another, 15BLD(AD) 157
Breach
of peace
The
basic requirement for drawing a proceeding under section 145 Cr.P.C. is a
dispute over a land likely to cause breach of the peace. If the Magistrate is
satisfied that there is an apprehension of breach of peace, he is entitled to
draw a proceeding under section 145 Cr.P.C. Mere filing of a civil suit does
not oust the jurisdiction of the Magistrate. But if, however, the civil Court
has already passed any order regulating the possession of the disputed
property, the Magistrate's jurisdiction is clearly ousted. Monir Ahmed Vs. Md.
Mohan alias FazleElahi Mohan and others, 14BLD (AD) 246
