Showing : 1-10 of 112 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 145, 146-- Ex parte attachment order - Property in question jointly held by parties without there being any partition in metes and bounds - Order of attachment at the very threshold of proceedings may prejudice the claim of party in possession - An ex parte attachment order if set aside no such miscarriage..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 145, 482-- Proceedings u/s 145 Cr.P.C - Dispute regarding temple - Civil suit between parties stands adjourned sine die and parties were directed to maintain status quo with regard to passage which is bone of contention between parties for going in and out for general public - Petitioner failed to produce..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145, 146-- Proceedings u/ss 145, 146 Cr.P.C. - Encroachment of Municipal Board's Land - Executive Officer (Municipality) cannot have taken recourse of proceedings u/ss 145, 146 Cr.P.C. against a private individual - If at all the individual concerned were causing public nuisance, recourse was to be taken of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, 145, 146-- Quashing of order - Proceedings u/ss 145, 146 Cr.P.C. - Receiver took the possession of 30 shops in concerned market - Compromise arrived at between parties - Recovery memo reveals that property ought to have been released in favour of person from whom possession thereof was taken - But, without..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145(4)-- Restoration of possession - Magistrate while passing order of restoration of possession not recorded a finding that respondent was forcefully and wrongfully dispossessed prior to 2 months from date of passing of preliminary order - Such finding is sine qua non for passing order of restoration of..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145-- Scope of inquiry u/s 145 Cr.P.C. - Question of right to possession is foreign to scope of enquiry - Only question of actual possession has to be determined and to be decided by Magistrate - Question of title should not be allowed to be agitated...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145, 146-- Proceedings u/ss 145, 146 Cr.P.C. - Ss.145, 146 Cr.P.C., together constitute a scheme for resolution of a situation where there is a likelihood of breach of peace because of dispute concerning any land or water or their boundaries...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145(4)-- Restoration of possession - Magistrate obliged to record a specific and clear cut finding in order to grant restoration of possession of property that party has been forcibly and wrongfully dispossessed within 2 months on which report of police officer or other information was received by..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145(4)-- Restoration of possession - Plea that no finding is recorded by Magistrate that respondent dispossessed prior to 2 months from date of passing of preliminary order - Such plea goes to root of matter - Even though such plea never raised either before Magistrate or before Sessions Court, same can be..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 145, 146-- Orders passed u/ss 145, 146 Cr.P.C - Are interim in nature only to avoid imminent danger of breach of peace - Proceedings cannot be used for getting possession over land for which most suitable remedy is the filing of civil litigation...........

Showing : 1-10 of 112 Results