High CourtsDivision Bench(1899) 10 CAL CK 0001

Ishan Chandra Kalla and Another vs Dina Nath Badhak

Calcutta High Court · Decided on 3 October 1899 · Citation: (1900) ILR (Cal) 174

HON’BLE JUDGES
Stanley, J · Sale, J

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Judgment

1 paragraphs · 130 words

Sale and Stanley, JJ.—We think that this rule must be made absolute, and our reason for so thinking is that there is no sufficient finding that the dispossession complained of was attended by criminal force such as is contemplated by Section 522, Code of Criminal Procedure. According to the ruling in Ram Chandra Boral v. Jityandria I.L.R(1897)., Cal 434, in order to support an order u/s 522 of the Code of Criminal Procedure, there must be a finding that the dispossession was by the use of criminal force as defined in Section 350 of the Indian Penal Code. There has been no such finding here, and the result is that the order made u/s 522 of the Code of Criminal Procedure musk be set aside and the rule made absolute.