Criminal Procedure Code, 1973, Section 145, 146 -- Order releasing attached property - Dispute as to ownership and title of property - Both the sides had produced evidence regarding ownership and title of land in question - Proceedings were initiated in 1995 u/s 145 Cr.P.C. and they continued for 10 years - SDM exceeded his jurisdiction in releasing the attached property -..........
Criminal Procedure Code, 1973, Section 145, 146 -- Order of attachment - Petitioner in possession of premises - Eviction of petitioner without drawing conclusive proceedings in accordance with law - Not justified - Impugned order to the extent of eviction of petitioner set aside...........
Criminal Procedure Code, 1973, Section 145, 146 -- Attachment of property - Title of parties not clear - Three parties claiming title over it and attempting to take possession of disputed land - Courts below committed no error while attaching the property - No interference warranted - Petition for quashing attachment order dismissed...........
Criminal Procedure Code, 1973, Section 145(1), 146(1) -- Consolidated order u/s 145(1) and 146(1) Cr.P.C. - No urgency shown in passing such a consolidated order - Impugned order, held, illegal...........
Criminal Procedure Code, 1973, Section 145, 146 -- Land dispute - Breach of peace - When dispute is not on the right of possession but on the question of possession, Magistrate is empowered to take cognizance u/s 145 of the Code and pendency of civil proceedings is of no consequence...........
Evidence Act, 1872, Section 145, 146, Criminal Procedure Code, 1973, Section 161 -- `Previous statement' - Cannot be extended to include statement made by a witness after filing of charge sheet - Held, statement made by a witness in a television interview after filing of charge sheet cannot be used to confront him at time of cross examination...........
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 in such possession, he..........
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, there must be a material..........
Criminal Procedure Code, 1973, Section 145(4), (6), 146(1) -- Preliminary order - Dispute regarding possession - Exercise of power by Magistrate - Property in dispute was in occupation of Punjab National Bank and the same has been vacated by it and possession was handed over to applicant - Held, only recourse left to Magistrate was to declare applicants as being in..........
Criminal Procedure Code, 1973, Section 145, 146, 107, 116, 482 -- Quashing of proceedings initiated u/s 145 - Dispute over house between parties - Proceedings u/ss 107/116 already in existence - Prior to filing of application u/s 145 CrPC, civil suit was already pending in Civil Court between parties regarding same property and before initiation of proceedings u/s 145..........
