Criminal Procedure Code · 2021 Revised Edition · Chapter XI
105. Disputes concerning rights over land or water
Official textFrom Attorney General's Chambers, unchanged
Whenever a Magistrate is satisfied as aforesaid that a dispute likely to cause a breach of the peace exists concerning the right to do or a prevent the doing of anything in or upon any land or water, he may -
Magistrate
"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
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Criminal Procedure Code
inquire into the matter; and
if it appears to him that such right exists, make an order permitting such thing to be done or directing that such thing shall not be done, as the case may be, until the person objecting to such thing being done or claiming that such thing may be done obtains the decision of a competent civil Court adjudging him to be entitled to prevent the doing of or to do such thing, as the case may be.
No order shall be made under this section permitting the doing of anything unless -
where the right to do such thing is exercisable at all times of the year, the right has been exercised within 3 months next before the institution of the inquiry; or
where the right is exercisable only at particular seasons, the right has been exercised during the season next before such institution.
Terms defined in s 2
inquiry
Defined · s 2"inquiry" includes every inquiry conducted under this Code before a Magistrate;
Magistrate
Defined · s 2"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
Chapter X
Chapter X I
Part
Information to Police and Their Powers to Investigate
Chapter XIII
Part
Proceedings in Prosecutions
Chapter X7V
Chapter XV
Chapter XVI
Chapter XVII
Chapter XVIII
Chapter X
Chapter X H
Chapter XX
Chapter XXI
Chapter XXII
Chapter XX7I1
Chapter XXIV
Chapter XXV
Chapter XXVII
Part 7
Chapter XXLX
Part 8
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part