JAGOMOHAN PAL Vs. RAM KUMAR GOPE

JUDGEMENT

(1.) The Magistrate's order should no doubt have set out the grounds on which he was satisfied that a dispute likely to cause a breach of the peace existed. Further, it would have been better, if he had given the 2nd party an opportunity of adducing his evidence.

(2.) But the proceedings are under Chapter XII of the Code and are, therefore, not proceedings with regard to which the Judge had any powers of revision or reference.-- Section 435 (3).

(3.) We have no power to interfere except under the powers of "superintendence" conferred upon by Section 15 of 24 and 25 Vict., Clause 104.