Showing : 21-30 of 121 Results

KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 145(4)-- Breach of peace - S.145 authorizes Magistrate to issue a declaratory order in favour of a party that he is entitled to possession until evicted therefrom in due course of law...........
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-- East Punjab Urban Rent Restriction Act, 1949, S.13(2)(i) - Eviction - Tenancy - Whether proceedings u/s.145 Cr.P.C. will have any bearing to rent control proceedings? - Held, it has to be always seen in context in which order is sought to be issued - There could be no rule of thumb that S.145..........
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-- 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 121 Results