Bombay HC: What is distinction between S 143 of MLR Code and S 5 of Mamlatdars' Courts Act?

There is a definite distinction between the powers conferred under the Mamlatdars' Courts Act upon the Tahsildar and the powers conferred upon the Tahsildar under section 143 of the MLR Code. Section 143 of the MLR Code deals with the right of way over the boundaries. There is no limitation prescribed for filing such application, nor any details regarding contents of such application are provided. The remedies are provided against this order either of appeal or revision under the provisions of MLR Code or a civil suit under sub-section (4) of section 143 of MLR Code. As against this, the application under section 5 of the Mamlatdars' Courts Act is treated as plaint in a suit and the power of grant of injunction to remove obstruction is specifically conferred upon the Mamlatdars' Courts. Sub-section (3) of section 5 therein provides a period of limitation for filing such a suit and section 7 of the said Act provides for the contents of plaint. There is revision provided under section 23 of the Mamlatdars' Courts Act to the Collector and there is specific bar of an appeal. In view of this, the application under section 143 of the MLR Code cannot be treated as a suit under section 5 of the Mamlatdars' Courts Act and the Tahsildar exercising powers under section 143 cannot direct removal of obstruction. 

{Para 8}

Ratio: Section 143 deals with recognition of access over boundaries under the revenue law, while Section 5 deals with summary civil-type relief against obstruction under a special court procedure; the two are not interchangeable.”

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

W.P. No. 5765 of 2010

Decided On: 12.10.2011

Krushna and Ors. Vs. Additional Commissioner, Nagpur Division and Ors.

Hon'ble Judges/Coram:

R.K. Deshpande, J.

Citation:  MANU/MH/1924/2011

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What is Segmented custody as per bnss?

 "Segmented custody" (or staggered police custody) refers to a significant change in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure (CrPC). Under Section 187 of the BNSS, the 15-day maximum police custody period no longer needs to be taken consecutively within the first 15 days of arrest. "Segmented custody" is Police custody which is broken into segments.

Instead, the police can now take custody in "whole or in parts" at any time within a larger window of the initial 40 or 60 days of the total 60/90 days investigation period. 

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Additional Evidence in First Appeal: Original Documents, Subsequent Events, and the Limits of Remand

Q :-  Documents were not produced before trial court as those documents were not traceable and were not exhibited as xerox copies were filed. whether any party can produce original documents before appellate court? whether appellate court can allow production of original documents at appellate stage only on the ground that those documents were not traceable at the time of proceeding before trial court?

Ans:- First appeals often raise a recurring procedural problem: can a party produce documents for the first time in appeal, especially when the originals were not filed before the trial court? The answer is yes, but only in limited circumstances, because additional evidence in appeal is an exception and not a matter of right.

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Ex Parte at Trial, New Defence in Appeal? The Real Limits of the First Appellate Court Under the CPC

A first appeal under Section 96 CPC is not a mere formality. It is a rehearing on facts and law, and the first appellate court has a duty to independently test the correctness of the decree on the basis of the pleadings, issues, and evidence already on record. But that wide appellate jurisdiction does not mean that a defendant who remained ex parte before the trial court can use the appeal as a fresh opportunity to construct an altogether new defence.

The governing principle is simple: appeal is a continuation of the suit, not a reconstruction of it. The Supreme Court has repeatedly held that in a first appeal the entire case is open for rehearing on facts and law, and the appellate court may reverse or affirm the trial court after reappreciating the evidence. At the same time, the appellate court remains confined to adjudicating the controversy as framed by the pleadings of the parties and proved through the trial record.

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