Criminal Procedure Code, 1973, Section 173, 172, 162, 161, Evidence Act, 1872, Section 145 -- Case diary - Supply of copy of statement of accused recorded in case diary - Statement recorded in case diary cannot be held to be a statement recorded u/s 161 Cr.P.C. - Statement recorded u/s 161 Cr.P.C. already supplied to accused - Accused has no right on a statement which is..........
Criminal Procedure Code, 1973, Section 145 -- Question of title cannot be determined in proceedings u/s 145 Cr.P.C. - However, when encroachment is found in the property then direction to remove such encroachment and hand over the possession cannot be faulted as the said directions are within the parameters of S.145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 107, Railway Act, 1989, Section 145, 146 -- Breach of peace or disturbance to public tranquility - Initiation of proceedings u/s.107 Cr.P.C. against petitioners - Issuance of show cause notice - Challenge as to - Complainant put obstruction in official work of petitioners while they were engaged in inspecting his office - Therefore,..........
Criminal Procedure Code, 1973, Section 144, 145 -- Conversion of proceedings initiated u/s 144 Cr.P.C. into a proceeding u/s 145 Cr.P.C. - During pendency of title suit before competent Court Magistrate was not required to pass impugned order - Impugned order as well as order whereby a Receiver was appointed set aside...........
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 application..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment order - Plea that civil suit is pending and proceeding u/s 145 Cr.P.C. are liable to be dropped - Applicants on appearance in pursuance of preliminary order neither filed any written statement nor objections to the preliminary order - No application filed for dropping the proceedings - Applicants cannot be..........
Criminal Procedure Code, 1973, Section 145 -- Object - To prevent breach of peace and for that end to provide the speedy remedy by bringing the parties before the Court and ascertaining who of them was in actual possession and to maintain status quo until their rights are determined by a Court of competent jurisdiction...........
Criminal Procedure Code, 1973, Section 145 -- Initiation of proceedings u/s 145 Cr.P.C. - Before initiating proceedings u/s 145 Cr.P.C. Magistrate must be satisfied that a dispute regarding an immovable property exists and that such dispute is likely to cause breach of peace - Magistrate thereafter is required to pass a preliminary order u/s 145(1) Cr.P.C. and thereafter..........
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 dispossessing the person in..........
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...........
