Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revisional Court only directed trial Court to pass a fresh order after providing opportunity of hearing to all parties concerned on the application filed by SHO for continuing attachment of disputed land and releasing the rest of land from attachment - No illegality found in order passed by revisional..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Main purpose of exercise of powers by Executive Magistrate u/s 145 Cr.P.C is to determine the possession of one of the party - Both the parties have made rival claims regarding their possession, hence, it is question of fact, which can be determined only after enquiry..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200, 202, 482 -- Dishonour of cheque - An accused can be summoned on the basis of affidavit filed on behalf of complainant - There is no need to record statements u/s 200 and 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application of accused for striking off evidence has been dismissed - Quashing of order - If complainant is not allowed to file detailed affidavit, then the purpose and purport of provisions contained in NI Act would be rendered to be a nullity and the..........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Previous statements of a witness - It is the right of every accused in a criminal trial to make use of previous statements of a witness including statements recorded by investigating agency during course of investigation for purpose of establishing contradiction in evidence or to discredit the..........
Criminal Procedure Code, 1973, Section 233(3), 91, 162, Evidence Act, 1872, Section 145 -- Summoning of enquiry officer - For producing statements recorded by enquiry officer for purpose of contradicting and impeaching some of PWs - No further investigation was conducted by Enquiry Officer - It was only a formal enquiry conducted by Enquiry Officer on feasibility of..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Second appeal arising out of civil suit pending wherein Court has directed the parties to maintain status quo - Proceedings quashed - Mustard crop seized or handed over to the receiver ordered to be returned back in a proper condition - If crop seized is not available then SDM shall be personally..........
Criminal Procedure Code, 1973, Section 144, 145 -- Imposition of prohibitory order - Writ jurisdiction - Nature of dispute between parties appeared to be title and possession - Accordingly parties were given liberty to take recourse before competent Court of law - Impugned order has lost its statutory force u/s 144(4) Cr.P.C - Moreover, Court u/art 226 of Constitution does..........
Criminal Procedure Code, 1973, Section 145(1) -- Proceedings u/s 145(1) Cr.P.C - Property in question is of religious endowment - It is not a property of either of party, as it is dedicated to almighty - Hence no question of dispute regarding ownership or possession of property is there - Dispute is only regarding office of management of society - However, Magistrate in..........
Criminal Procedure Code, 1973, Section 145(1), 146(1) -- Orders u/ss 145(1), 146(1) Cr.P.C - Dispute is only regarding office of management of society - Such dispute can never be held as a dispute regarding ownership and possession of immovable property - Assistant Registrar has authority to decide the dispute regarding management of office society - However, Magistrate..........
