SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(Gau) 712

I.A.ANSARI
Makkadas Ali Mazumdar and Anr. – Appellant
Versus
Aftabuddin Barbhuiva and Anr. – Respondent


Advocates Appeared:
K.Munir, N.Choudhury

1. The moot question, raised in the present revision, is this : Whether the bar in taking cognizance created by section 195(1)(b)(ii) of the Code of Criminal Procedure (in short, 'the Code') applied only when the offence has been committed with respect to a document, after the document was already produced or given in evidence in a proceeding in any court, i.e., during the time, when the document was in custodia legis, or the bar, so created by law, applies even to a document, which was forged or alleged to be forged before the document was introduced as evidence in any proceeding in a court.

2. Before coming to the merit of the revision, it is appropriate that the material facts giving rise to this revision are taken note of. The material facts are as under

(i) The present petitioners, as plaintiffs, instituted Title Suit No. 28/2002, in the court of the Civil Judge (Sr. Division), Hailakandi, seeking declaration of their rights, title, interest, confirmation of possessions and also prohibitory injunction restraining the defendants from disturbing possession of the plaintiffs over the suit land, the case of the plaintiffs being, in brief, thus : Late Golap Chand Bibi, mother of the





































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top