Showing : 11-20 of 37 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 145(1), 146(1), 397-- Order passed u/ss 145(1) and 146(1) of the Code are not orders simplicitor - Revision against such an order is maintainable depending on the facts involved in each case...........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 145(1), 146-- Attachment of property - Pre-condition of order u/s 145(1) Cr.P.C. is mandatory - Impugned order nowhere records any ground of satisfaction that there exists a dispute which is likely to cause breach of peace concerning any land or water or the boundaries thereof - Order most cryptic and hardly..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 145(1), 146(1)-- Proceedings u/ss 145 & 146 Cr.P.C. - Land attached - Custody given to Inspector incharge of police station in view of pendency of petition before High Court - SDM stayed the proceedings and permitted one of the brothers to harvest the wheat crop standing on the land - Held, when matter was in..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 145(1), 146(1), Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229D-- Proceedings u/ss 145 & 146 CrPC - SDM has no occasion to pass orders u/ss 145(1), 146(1) Cr.P.C. when the stay order passed u/s 229-D of the Z.A. Act was in operation...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 145, 146, 379(2), 482-- Ex parte attachment order - Recall order passed also ex parte which was subsequently recalled - Consequently attachment order revived - Such recall order is neither a preliminary order u/s 145 (1) of the Code nor an attachment order u/s 146 (1) of the Code - It is purely an order passed on the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 145, 146-- Dispossession in the garb of proceedings u/ss 145, 146 Cr.P.C. - Practice deprecated - A judicial notice is taken of the fact that an influential person purchasing land in possession of another person takes the help of police in getting an order of appointment of receiver passed and thus..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 145, 146-- Joint property and joint possession - Proceedings u/ss 145(1) and 146(1) Cr.P.C. cannot be resorted to dispossess the co-sharer...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 145, 146(1)-- Attachment of shop - Joint possession - Petitioner claiming exclusive business in the shop in dispute whereas respondents No.2 & 3 claiming joint business - No documentary evidence to show that there was joint business in the shop - In case of joint possession and joint ownership no proceedings..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 145, 146, 107& 144-- Civil court deciding question of possession in favour of petitioner - Petitioner initiating proceedings u/ss 145 and 146 Cr.P.C. - Magistrate attached property u/s 146 of the Code - Held, once a dispute regarding possession has been resolved by civil court, dispute pertaining to possession within..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 145, 146-- Dispute regarding possession of land - Power of SDM to pass orders u/ss 145 and 146 of the Code - Held, if civil court is seized of the matter and has passed status quo order, then order of SDM cannot sustain - It is immaterial if the status quo order is passed before or after the passing of order..........

Showing : 11-20 of 37 Results