Showing : 1-10 of 24 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 161-- Statement of witness - Statements u/s 161 Cr.P.C. recorded during investigation is not substantive pieces of evidence but can be used primarily for the limited purpose i.e for: (i) contradicting such witness by an accused u/s 145 of Evidence Act; (ii) contradiction of such witness also by..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 145-- Finding u/s 145 Cr.P.C. do not bind the competent court in a legal proceedings initiated before it - The decision has relevance in evidence to show that : (a) that there was a dispute relating to a particular property; (b) that the dispute was between the parties; (c) that such dispute led to the..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145, 146-- The two provisions of Ss.145 and 146 has to be read conjointly - If after enquiry u/s 145 of the Code, Magistrate is of the opinion that none of the parties was in actual possession of the subject of dispute at the time of the order passed u/s 145(1) or is unable to decide which of the parties was..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145, 146-- Attachment - Can only be when there is emergency - Emergency has to be distinguished from a mere case of apprehension of peace - Magistrate before passing an order u/s 146 must explain the circumstances why he thinks it to be a case of emergency - In other words, to infer a situation of emergency,..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 145, 107, 151-- Dispute over property - Proceedings u/s 145 or u/s 107/151 Cr.P.C. - It is the officer on spot who has to take a decision as what provisions should be resorted to according to the prevailing circumstances...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 173(2)-- Case diary - A criminal court can use the case diary in the aid of any inquiry or trial but not as an evidence - Accused has no right to call for the case diary but if it is used by the police officer who made the entries for refreshing his memory or if the Court uses it for the purpose of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 145-- A decision by a criminal court does not bind the civil court while a decision by the civil court binds the criminal court - An order passed by Magistrate in proceedings u/ss 145, 146 Cr.P.C. is an order by a criminal court...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 145-- Order passed u/s 145 Cr.P.C. is subject to the ultimate decision of the suit filed in the civil court...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 145-- Decision as to possession - Has some evidentiary value but same is not binding on a civil court - Question of title not to be gone into in proceedings u/s 145 Cr.P.C. - Civil Court can grant injunction inspite of an order passed u/s 145 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 144, 145-- Dispute amongst co-sharers regarding extent of their shares - To be adjudicated by civil court - Two of the co-sharers executed sale deed in favour of third party - Threat of dispossession at the hands of third party - Held, proceedings u/ss 144 and 145 of the Code maintainable - Decision of a..........

Showing : 1-10 of 24 Results