[ High Courts ]
Calcutta HC Sets Aside Magistrate's Order Handing Over Disputed Flat, Holds Criminal Courts Cannot Adjudicate Possessory Rights Over Immovable Property
Justice Kausik Chanda held that a Chief Judicial Magistrate acted wholly without jurisdiction when it directed handing over keys of a disputed Kolkata flat under the Police Act, 1861, ruling that Sections 25 and 26 of that Act are confined to movable property and vest authority only in the executive magistracy.