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PETITIONER: PADAM SEN AND ANOTHER
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH
DATE OF JUDGMENT: 27/09/1960
BENCH: DAYAL, RAGHUBAR BENCH: DAYAL, RAGHUBAR IMAM, SYED JAFFER SARKAR, A.K.
CITATION: 1961 AIR 218 1961 SCR (1) 884 CITATOR INFO : E 1962 SC 527 (21,44) R 1966 SC1899 (5) D 1975 SC1685 (9) RF 1983 SC1272 (21) R 1986 SC 421 (35)
ACT: Commissioner--Appointment for seizing account books--Validity of--Inherent Powers of civil Court--Code of Civil Procedure, 1908 (V of 1908), ss. 75, 151, O. XXVI. Public Servant--Commissioner appointed by Civil Court without jurisdiction--Whether in Possession of the situation of a Public servant--Indian Penal Code, 1860 (XLV of 1860), S. 21, EXP. 2.
HEADNOTE: A Munsif appointed one R as a commissioner for seizing the account books of the plaintiff in a suit and to produce them before him. R seized the account books, and while they were still in his possession the appellants offered a bribe to R for being allowed to tamper with them. The appellants were tried and convicted under s. 165-A of the Indian Penal Code. The appellants contended that the Munsif had no jurisdiction to appoint a commissioner for seizing account books, that the appointment of R as a commissioner was null and void and that consequently R was not a public servant and the appe...