Showing : 21-30 of 111 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 145(1)-- Order passed u/s 145(1) Cr.P.C. to put in written statement of respective claims as respects of fact of actual title/ownership of the subject in dispute - Order passed is illegal - It is the fact of actual possession to which the parties are required to put in their written statement...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 145(1), 146(1)-- Consolidated order u/s 145(1) and 146(1) Cr.P.C. - No urgency shown in passing such a consolidated order - Impugned order, held, illegal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 145, 146-- Land dispute - Breach of peace - When dispute is not on the right of possession but on the question of possession, Magistrate is empowered to take cognizance u/s 145 of the Code and pendency of civil proceedings is of no consequence...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Complaint u/s 145 Cr.P.C. - Cognizance - Before taking cognizance Magistrate has to pass a preliminary order u/s 145(1) Cr.P.C. - If no such preliminary order is passed the defect can be cured within two months from the date of appearance of the parties before proceeding further - If no such order..........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Mere pendency of civil suit does not deprive the jurisdiction of the Magistrate to take action u/s 145 Cr.P.C. - If during the pendency of civil suit Court has not passed interim order affecting the right of the parties or where application for injunction was rejected or such suit was at a very..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145, 146-- The two provisions of Ss.145 and 146 has to be read conjointly - If after enquiry u/s 145 of the Code, Magistrate is of the opinion that none of the parties was in actual possession of the subject of dispute at the time of the order passed u/s 145(1) or is unable to decide which of the parties was..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145, 146-- Attachment - Can only be when there is emergency - Emergency has to be distinguished from a mere case of apprehension of peace - Magistrate before passing an order u/s 146 must explain the circumstances why he thinks it to be a case of emergency - In other words, to infer a situation of emergency,..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145(4), (6), 146(1)-- Preliminary order - Dispute regarding possession - Exercise of power by Magistrate - Property in dispute was in occupation of Punjab National Bank and the same has been vacated by it and possession was handed over to applicant - Held, only recourse left to Magistrate was to declare applicants as..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Proceeding u/s 145 Cr.P.C. during the pendency of a suit is not without jurisdiction, though it may be inexpedient - Normally the parties approach the Court of competent jurisdiction for granting interim reliefs by way of appointment of receiver or passing of injunction order for avoidance of..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Preliminary order - Dispute regarding possession - Failure to disclose grounds of satisfaction - Effect - While initiating proceedings u/s 145, Magistrate has not disclosed in preliminary order the grounds on the basis of which he has assumed satisfaction that there existed a dispute between..........

Showing : 21-30 of 111 Results