Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Dropped by Magistrate - There was no likelihood of breach of peace or a dispute regarding possession - Rather case in Revenue Court was decided by Court in favour of applicant - Magistrate rightly dropped the proceedings u/s 145 Cr.P.C - No interference warranted in it...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Dispute between parties is basically of civil nature regarding which litigation is pending between them before civil Court - Complainant has not been able to bring this dispute within four corners of S.145 Cr.P.C - He could have sought his remedy in civil Court instead of getting proceedings u/s 145..........
Criminal Procedure Code, 1973, Section 145 -- Order u/s 145 Cr.P.C - Provision of S.145(1) Cr.P.C mandates that Magistrate shall make an order in writing, stating grounds of his satisfaction...........
Criminal Procedure Code, 1973, Section 145 -- Order u/s 145 Cr.P.C - Quashing of order - Magistrate on basis of presumption rejected claim of applicant that she is in possession over plot in dispute and has accepted objections filed by respondents - Neither Magistrate has called for any police report regarding spot inspection of plot in dispute nor has obtained other..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Question of title and consequent entitlement is not required to be adjudicated upon in proceedings u/s 145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Cannot be used as a tool to get possession of land on basis of title...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C are subservient to adjudication by civil Court - If civil suit is pending, Executive Magistrate normally should not initiate proceedings u/s 145 Cr.P.C and relegate parties to file an application before civil Court in a pending suit particularly when in civil suit such order as may be necessary can be..........
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...........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Case Dairy - Neither accused nor his agents shall be entitled to call for case diary nor shall he or they be entitled to see them merely because they are referred to by court - But if they are used by police officer who made them to refresh his memory or if court uses them for purpose of..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Accused can be summoned on the basis of affidavit of complainant - Complainant is not required to be examined on oath for taking cognizance of complaint...........
