Note: - For right to appeal against an order thus made absolute, see section, 253.
103.
Procedure where he Appears.
(1) If he appears and applies to have the order set aside or modified, the Magistrate shall
take evidence in the matter in the same manner as in a summary trial.
(2) If the Magistrate is satisfied that the order with or without modification is reasonable
and proper, he shall make it absolute with such modification, if any, as he shall think
fit.
(3) If the Magistrate is not so satisfied he shall cancel the order.
Note: - For right to appeal against an order thus made absolute see section 253.
104.
Consequences of Disobedience to Order Made Absolute.
(1)
If the act directed by the order made absolute under sections 102 or 103 subsection (2) is not performed within the time fixed and in the manner specified
therein, the Magistrate may cause it to be performed and may recover the cost of
performing it either by the sale of any building, goods or other property removed
by his order or by seizure and sale of any other movable property of such person
in manner hereinafter prescribed for the recovery of a fine.
Note: - See Section 267.
(2)
105.
No suit shall lie in respect of anything done in good faith under this section.
Injunction Pending Inquiry:
(1) If a Magistrate making an order under section 99, considers that immediate
measures should be taken to prevent imminent danger or injury of serious kind to the
public, he may issue an injunction to the person against whom the order was made as
is required to obviate or prevent such danger or injury pending the determination of
the matter.
(2) In default of such person forthwith obeying such injunction or if notice thereof
cannot by the exercise of due diligence be served upon him immediately, the
Magistrate may himself use or cause to be used such means as he thinks fit to
obviate such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith under sub-section (2) of
this section.
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