Showing : 11-20 of 171 Results

GUJARAT HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 172-- Case diary - Every police officer making an investigation shall enter his proceedings in a diary called as case diary - Any criminal Court may send for said `case diary' and may use such diary not as an evidence in the case, but to aid in such trial - Accused cannot call for such diaries and see..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137-- Dishonour of cheque - Dismissal of application u/ss 145(2) of NI Act and 311 Cr.P.C. - Means obstruction in bringing out evidence on record - Court is duty bound to allow cross-examination of witness whose examination-in-chief has already been recorded because without allowing cross-examination of..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145-- Affidavit of witnesses produced before Superintendent of police or I.O during investigation - May be a statement of witness during investigation, which is not a substantive evidence - Such statement of witnesses during investigation can be used only for the purpose to contradict the PWs in the..........
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-- 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..........
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..........

Showing : 11-20 of 171 Results