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 breach of the peace - Final order..........
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 parties in respect of possession of..........
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 being in..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Dropping of - Civil litigation - Proceedings u/s.145 CrPC have been dropped in respect to property concerned on the ground that proceedings were pending before civil court - Court below directed to break open the lock put on property concerned by "any other person" - Held, such direction would be..........
Criminal Procedure Code, 1973, Section 162(1), Information Technology Act, 2000, Section 4, Evidence Act, 1872, Section 145 -- Statement of witness recorded by I.O. by audio video means - May be treated to be a statement which has been reduced into writing, fulfilling the requirement of S.162(2) Proviso Cr.P.C. - Before a witness can be contradicted with reference to his..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Examination-in-chief of complainant - Held, affidavits given by complainant at pre-summoning stage alongwith complaint, at the most, will become previous statement of complainant with which he can be confronted later on filing of fresh..........
Criminal Procedure Code, 1973, Section 145, 146, 107, 116, 482 -- Quashing of proceedings initiated u/s 145 - Dispute over house between parties - Proceedings u/ss 107/116 already in existence - Prior to filing of application u/s 145 CrPC, civil suit was already pending in Civil Court between parties regarding same property and before initiation of proceedings u/s 145..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Private complaint - Order taking cognizance and issuing process in complaint filed u/s.138 of the Act on basis of examination of complainant on affidavit in terms of S.145 (1) of the Act - Legality - Held, no illegality in impugned order taking..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
