MD. GULAM ABBAS & ORS. versus MD. IBRAHIM & ORS.

MD. GULAM ABBAS & ORS. versus MD. IBRAHIM & ORS.

Section 144 CrPC empowers Magistrates to make temporary orders to prevent danger to human life, health, safety, or public tranquility; it cannot be invoked to resolve questions of title or individual rights, which should be decided in civil suits. No hard and fast rule can guide the exercise of Section 144 power; it must depend on facts and circumstances of each case.

Parties
Petitioner: Md. Gulam Abbas & Ors.; Respondent: Md. Ibrahim & Ors.
Jurisdiction
India
Judgment Date
16 December 1977
Procedural Posture
Review Petition / Supreme Court Order on Review Application
Outcome
Review Petition dismissed
Legal Topics
Section 144 Cr PC, Jurisdiction of Magistrates, Public Order, Civil Remedies Vs Criminal Procedure
Criminal Law Section 144 Cr PC Jurisdiction of Magistrates Public Order Civil Remedies Vs Criminal Procedure

Case Brief

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Parties

Md. Gulam Abbas & Ors.

Petitioner

Md. Ibrahim & Ors.

Respondent

Procedural Posture

Review Petition / Supreme Court Order on Review Application

Legal Issues

  1. 1 What are the principles guiding exercise of jurisdiction under Section 144 of the CrPC by Magistrates?
  2. 2 Can questions of title or rights to property be decided under Section 144 or in writ proceedings?

Ratio Decidendi

Section 144 CrPC empowers Magistrates to make temporary orders to prevent danger to human life, health, safety, or public tranquility; it cannot be invoked to resolve questions of title or individual rights, which should be decided in civil suits. No hard and fast rule can guide the exercise of Section 144 power; it must depend on facts and circumstances of each case.

Court Disposition

Review Petition dismissed

Orders

  • No orders as to costs