Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Public right denial inquiry: Magistrate must inquire and stay proceedings pending court decision when reliable evidence exists. Where a preventive order is made to prevent obstruction, nuisance or danger in any way, river, channel or place, the Magistrate must question the person charged about denial of any public right and, if denied, inquire into that denial. If the Magistrate finds reliable evidence supporting the denial he shall stay proceedings until a competent court decides the existence of the public right; if no reliable evidence is found, he shall proceed. A person who fails to deny a public right when questioned, or who denies but fails to adduce reliable evidence, may not later make that denial in subsequent proceedings.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Public right denial inquiry: Magistrate must inquire and stay proceedings pending court decision when reliable evidence exists.
Where a preventive order is made to prevent obstruction, nuisance or danger in any way, river, channel or place, the Magistrate must question the person charged about denial of any public right and, if denied, inquire into that denial. If the Magistrate finds reliable evidence supporting the denial he shall stay proceedings until a competent court decides the existence of the public right; if no reliable evidence is found, he shall proceed. A person who fails to deny a public right when questioned, or who denies but fails to adduce reliable evidence, may not later make that denial in subsequent proceedings.
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