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What are the requirements of Section 137 Cr. P.C. under which a Magistrate’s jurisdiction to continue the pro¬ceeding ceases?
the party against whom provisional order has been made shall appear before the Magistrate and deny the existence of the public right in question
the party shall produce some reliable evidence e.g. record of rights or settlement officer’s receipt
the party will produce evidence which shall be legal evidence and shall support the denial
all of them
- Option 1: The party against whom the provisional order has been made must appear before the Magistrate and deny the existence of the public right in question. This puts the onus on the party to actively contest the claim.
- Option 2: The party must produce some reliable evidence, such as a record of rights or a settlement officer’s receipt. This documentation serves as a credible source to back the party's denial.
- Option 3: The party is required to produce evidence which must be legal and support the denial. It means simply denying is not enough; there should be substantiated legal evidence to persuade the Magistrate.
- Option 4: All of them. The requirements collectively ensure due diligence before dismissing the proceedings from the Magistrate's jurisdiction.
By: Parvesh Mehta ProfileResourcesReport error
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