AI Overview...
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Right of Use of Land and Water - Section 147 of the Cr.P.C. pertains to disputes regarding the right of use of land or water, including rights such as way or easements. The section is invoked when there is a dispute likely to cause breach of peace concerning such rights. The court examines whether a dispute exists and if it involves the exercise of a right of use, such as water or land use, or obstruction thereof Raj Kumar Sahu VS State of Jharkhand - Jharkhand, Guru Govind Singh S/O Late Bhup Narain Singh VS State of Bihar - Patna, SIBA PRASAD MOHARANA VS DHADI NAYAK - Orissa.
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Scope and Conditions - For Section 147 to be applicable, there must be a bona fide dispute over the right of use, and an apprehension of breach of peace must be present. The dispute can involve rights like irrigation, way, or other easements. The magistrate's jurisdiction is limited to disputes that threaten peace and involve alleged rights of use Ramashish Mahto S/o Late Jubi Mahto VS State Of Bihar - Patna, Thambuswamy Padayachi and another VS Sridharan (minor) represented by guardian father Linga Reddiar - Madras.
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Definition of 'Land or Water' - The term includes any right of way or easement related to land or water, though ambiguity exists regarding the precise scope. The dispute must concern the right of use rather than mere possession or ownership. The section does not strictly confine disputes to easements but extends to any rights concerning land or water use Maharaja Surjakanta Acharja Bahadur VS Maharaja Jagadindra Nath Roy Bahadur - Calcutta.
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Nature of Disputes - Disputes over ownership or worship are generally outside the scope of Section 147 unless they involve a dispute over the right of use. For example, a dispute over hereditary rights of a priest (Pujari) over land used for worship may not fall under Section 147 if it pertains to ownership rather than use rights Guiram Ghosal VS Lal Behari Das - Calcutta.
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Main Points and Insights:
- Section 147 provides a mechanism for resolving disputes concerning the right of use of land or water to prevent breach of peace.
- The dispute must be genuine, involving rights like water use, way, or easements, rather than ownership or worship rights.
- The section emphasizes the importance of peace and order, with the magistrate's jurisdiction limited to disputes that threaten these.
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Definitions within the section are somewhat ambiguous but generally include any rights related to land or water use, including easements and rights of way.
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References:
- Raj Kumar Sahu VS State of Jharkhand - Jharkhand
- Guru Govind Singh S/O Late Bhup Narain Singh VS State of Bihar - Patna
- SIBA PRASAD MOHARANA VS DHADI NAYAK - Orissa
- Ramashish Mahto S/o Late Jubi Mahto VS State Of Bihar - Patna
- Thambuswamy Padayachi and another VS Sridharan (minor) represented by guardian father Linga Reddiar - Madras
- Guiram Ghoshal VS Lal Behary Das - Calcutta
- Sarat Chandra Madak VS Mobarak Mallik - Calcutta
- SATYABHAMA MOHAPATRA VS CHAIRMAN-CUM-MANAGING DIRECTOR, GRID CORPORATION OF ORISSA LTD. - Orissa
- Maharaja Surjakanta Acharja Bahadur VS Maharaja Jagadindra Nath Roy Bahadur - Calcutta
- Guiram Ghosal VS Lal Behari Das - Calcutta
Search Results for "Cr P C 147 Right of Use of Land and Water"
2013 0 Supreme(Jhk) 970 • India - Jharkhand
R.R.PRASAD
the alleged right of use of land or water. ... Section 147 - Dispute concerning right of use of land or water - [Section 147 of the Code of Criminal Procedure] - The court discussed ... with the petitioner denying its existence and claiming ownership of the land. ... In this context, I may refer to a provision as contained in Section 147 of the Code of Criminal Procedure which re....
2017 0 Supreme(Pat) 246 • India - Patna
CHAKRADHARI SHARAN SINGH
Section 147 - Dispute concerning right of use of land or water - [Code of Criminal Procedure, 1973, Section 147] - The court discussed ... of use within a specified period before passing an order under Section 147 of the Code. ... to record satisfaction of the existence of a dispute likely to cause a breach of peace and the exercise of the right of use within ... Section 147 of the Code reads thus....
2002 0 Supreme(Ori) 555 • India - Orissa
P.K.MOHANTY
Section 147 - Dispute concerning right of use of land or water - [Section 147, Cr.P.C.] - This judgment discusses the provisions ... cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction. ... or removal of any obstruction in the exercise of such right. ... Dispute concerning right of use of land....
2023 0 Supreme(Pat) 1228 • India - Patna
JITENDRA KUMAR
Code of Criminal Procedure, 1973–Section 147–Dispute concerning right of use of land or water–it emerges ... conditions:–(a) There is a dispute between the parties regarding any alleged right of user of any land or water–(b) The Executive ... –apprehension of breach of peace is sine qua non for invoking jurisdiction u/s 147 Cr.P.C. by Ld. ... Dispute concerning right of use of land#HL_EN....
1976 0 Supreme(Mad) 137 • India - Madras
S.RATNAVEL PANDIAN
CRIMINAL PROCEDURE CODE, 1973 - SECTION 147 - DISPUTES CONCERNING RIGHT OF USE OF LAND OR WATER - SCOPE OF MAGISTRATE'S POWER ... of user of land and water. 2. ... APPLICABILITY OF SECTION 147 TO DISPUTES REGARDING RIGHT OF WAY OR RIGHT OF WATER FOR IRRIGATION - SCOPE OF SECTION 147(1) - INTERPRETATION ... Section 147 deals with disputes concerning rig....
1910 0 Supreme(Cal) 404 • India - Calcutta
STEPHEN, CARNDUFF
concerning the right of use of land or water. ... land or water. ... under the jurisdiction of Section 147 of the Criminal Procedure Code, as it is not a dispute concerning the right of use of land ... On considering the matter and hearing the arguments of the learned pleaders, we are of opinion that the Magistrate was right Section 147, Criminal Procedure Code, as has been point....
1916 0 Supreme(Cal) 328 • India - Calcutta
LANCELOT SANDERSON, SMITHER
Ratio Decidendi: The court held that the words "concerning the right of use of any land or water" in Section 147 of the Criminal ... Jurisdiction - Right of Use - Criminal Procedure Code - Section 147 - Dispute concerning the right of use of land - Whether the ... Finding of the Court: The court found that the dispute concerned the right of use of l....
2001 0 Supreme(Ori) 49 • India - Orissa
P.K.MISRA
of the right of use of land or water and the prohibition of interference with the exercise of such right. ... The petitioner relied on an order under Section 147, Code of Criminal Procedure, declaring her right to use the disputed land as ... Electric Connection - Right of Use of Land - The court directed the supply of electric connection to the petitioner's house through ... ......
1906 0 Supreme(Cal) 226 • India - Calcutta
definition of 'land or water' in the Code. ... The court further discussed the ambiguity in the definition of 'land or water' in the Code, leaving open the question of whether ... Possession - Trees - CrPC 145, 146, 147 - The court held that the subject-matter of the dispute must be clearly determined before ... In sec. 147 the right of use of land or water includes "any right of way or other ease....
1910 0 Supreme(Cal) 142 • India - Calcutta
STEPHEN, CARNDUFF
the right of use of land or water. ... In the present case, the dispute is over the worship, and not the use of the land. ... Criminal Procedure - Section 147 - Dispute over Hereditary Right of Pujari Fact of the Case: This case arises under ... Section 147 of the Criminal Procedure Code, as has been pointed out, is not in terms confined to easements, but relates to any dispute concerning the right of us....
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