Showing : 1-10 of 52 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 146(1), 145-- Attachment order - Attachment u/s 146(1) Cr.P.C can only be proceeded with after an order is passed u/s 145(1) Cr.P.C - Attachment order passed u/s 146(1) of the Act without an order u/s 145(1) Cr.P.C is not only illegal, but also void and cannot be executed...........
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..........
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, 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...........
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...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
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..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
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...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
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...........
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..........

Showing : 1-10 of 52 Results