Criminal Procedure Code, 1973, Section 145(1), 146(1), Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229D -- Proceedings u/ss 145 & 146 CrPC - SDM has no occasion to pass orders u/ss 145(1), 146(1) Cr.P.C. when the stay order passed u/s 229-D of the Z.A. Act was in operation...........
Criminal Procedure Code, 1973, Section 145, 146 -..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 4(1), 482 -- Dishonour of cheque - Quashing of proceedings - S.145 NI Act provides a procedure contrary to Cr.P.C for taking cognizance and trial of offences u/s 138 NI Act - It provides that for enquiry for taking cognizance, Court can take evidence through affidavits - Thus,..........
Civil Procedure Code, 1908, Order 19, Rule 3, Civil Procedure Code, 1908, Order 11, Rule 13, Constitution of India, 1950, Article 145, 32, Supreme Court Rules, 1966, Order 11, Rule 5 -- Improper affidavits - Filing of - Petitioner filed petition u/Art. 32 without filing a proper affidavit as required in terms of O.19.R.3 of the Code - Nature of challenge in his petition is..........
Negotiable Instruments Act, 1881, Section 138, 145, 146, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Evidence on affidavit of complainant and bank's slip are sufficient for taking cognizance of the offence u/s 138 of NI Act - Nothing is required for inquiry or for directing investigation before taking cognizance...........
Criminal Procedure Code, 1973, Section 173, 172, 162, 161, Evidence Act, 1872, Section 145 -- Case diary - Supply of copy of statement of accused recorded in case diary - Statement recorded in case diary cannot be held to be a statement recorded u/s 161 Cr.P.C. - Statement recorded u/s 161 Cr.P.C. already supplied to accused - Accused has no right on a statement which is..........
Criminal Procedure Code, 1973, Section 145 -- Question of title cannot be determined in proceedings u/s 145 Cr.P.C. - However, when encroachment is found in the property then direction to remove such encroachment and hand over the possession cannot be faulted as the said directions are within the parameters of S.145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 107, Railway Act, 1989, Section 145, 146 -- Breach of peace or disturbance to public tranquility - Initiation of proceedings u/s.107 Cr.P.C. against petitioners - Issuance of show cause notice - Challenge as to - Complainant put obstruction in official work of petitioners while they were engaged in inspecting his office - Therefore,..........
Criminal Procedure Code, 1973, Section 144, 145 -- Conversion of proceedings initiated u/s 144 Cr.P.C. into a proceeding u/s 145 Cr.P.C. - During pendency of title suit before competent Court Magistrate was not required to pass impugned order - Impugned order as well as order whereby a Receiver was appointed set aside...........
Criminal Procedure Code, 1973, Section 145, 146, 379(2), 482 -- Ex parte attachment order - Recall order passed also ex parte which was subsequently recalled - Consequently attachment order revived - Such recall order is neither a preliminary order u/s 145 (1) of the Code nor an attachment order u/s 146 (1) of the Code - It is purely an order passed on the application..........
