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    <title>1966 (9) TMI 160 - CALCUTTA HIGH COURT</title>
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    <description>Section 146(1B) requires the Magistrate to pass the final order strictly in conformity with the civil court&#039;s finding on possession, so no fresh hearing before the Magistrate is necessary when the parties have already been heard before the Magistrate and the civil court. The civil court&#039;s reference to an earlier date did not vitiate its finding, because the operative basis remained possession on the relevant date and collateral interference was barred in these proceedings. Adding an omitted concerned party after the preliminary order did not invalidate the proceedings where notice and opportunity to be heard were given. A separate plot-wise finding between opposite parties was also unnecessary on these facts.</description>
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    <pubDate>Mon, 12 Sep 1966 00:00:00 +0530</pubDate>
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      <title>1966 (9) TMI 160 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=273522</link>
      <description>Section 146(1B) requires the Magistrate to pass the final order strictly in conformity with the civil court&#039;s finding on possession, so no fresh hearing before the Magistrate is necessary when the parties have already been heard before the Magistrate and the civil court. The civil court&#039;s reference to an earlier date did not vitiate its finding, because the operative basis remained possession on the relevant date and collateral interference was barred in these proceedings. Adding an omitted concerned party after the preliminary order did not invalidate the proceedings where notice and opportunity to be heard were given. A separate plot-wise finding between opposite parties was also unnecessary on these facts.</description>
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      <pubDate>Mon, 12 Sep 1966 00:00:00 +0530</pubDate>
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