Criminal Procedure Code, 1973, Section 145, 146, 397(2) -- Order of attachment - Passed u/s 146(1) during pendency of proceedings u/s 145 - Neither the respective rights of the parties are adjudicated nor any findings about any legal right is given by such an order - Revision against - Not maintainable...........
Criminal Procedure Code, 1973, Section 145, 146 -- Civil Court in a suit passed interim order restraining defendant not to dispossess the petitioners from land till disposal of suit - Held, during pendency of civil proceedings, SDM has no jurisdiction to initiate proceedings u/s 145 and 146 Cr.P.C. - Order of attachment by SDM is abuse of the process of Court and liable to..........
Criminal Procedure Code, 1973, Section 145, 146 -- Civil suit for permanent injunction filed by both the parties - Order of Magistrate u/ss 145 & 146 Cr.P.C. quashed - Parties to approach civil Court for interim order...........
Criminal Procedure Code, 1973, Section 145, 146 -- Magistrate can intervene u/s 145 and 146 Cr.P.C. if there is imminent breach of peace - In instant case proceedings u/s 145 Cr.P.C. initiated in 1997 and order of attachment of land passed u/s 146 after 3 years - Order set aside - For 3 years there was no breach of peace...........
Criminal Procedure Code, 1973, Section 145, 146 -- Quashing of proceedings - Petition for - Parallel proceedings - Civil Court seized of the matter and has granted an interim injunction - Parallel proceedings u/S.145 and 146 of the Code are not maintainable...........
Criminal Procedure Code, 1973, Section 145, 146 -- Injunction by Civil Court in favour of the petitioner - Proceedings under Section 145 initiated and ordered the attachment of the land and Receiver appointed - Subsequently no, speaking order passed and ordered the Kalendra to be filed - Order cannot be sustained - The proceedings taken by the Magistrate in this case are..........
Criminal Procedure Code, 1973, Section 145, 146 -- Report by the police relied upon by the Executive Magistrate nowhere showed that there was any possibility of breach of peace - Only the nature of rival contention has been indicated in that report - No other material or information available with the Magistrate that would be enough to form an opinion regarding the..........
Criminal Procedure Code, 1973, Section 145, 146(1), 482 -- Petition for Quashment of Proceedings - The order made u/S.145 of the Code deals only with the factum of possession of the party as on a particular date, it confers no title but to remain in possession of the disputed property. Under the orders of the revenue Court the possession was redelivered to the petitioners..........
Criminal Procedure Code, 1973, Section 145, 146(1), 401 -- The mere pendency of the Civil suit about the same subject matter between the same parties or the orders of Civil Court of the type discussed above do not restrain the Criminal Court from exercising jurisdiction u/S.145 of Criminal Procedure Code...........
