Criminal Procedure Code, 1973, Section 145 -- Initiation of proceedings u/s 145 Cr.P.C. - Before initiating proceedings u/s 145 Cr.P.C. Magistrate must be satisfied that a dispute regarding an immovable property exists and that such dispute is likely to cause breach of peace - Magistrate thereafter is required to pass a preliminary order u/s 145(1) Cr.P.C. and thereafter..........
Criminal Procedure Code, 1973, Section 145, 146 -- Dispossession in the garb of proceedings u/ss 145, 146 Cr.P.C. - Practice deprecated - A judicial notice is taken of the fact that an influential person purchasing land in possession of another person takes the help of police in getting an order of appointment of receiver passed and thus dispossessing the person in..........
Criminal Procedure Code, 1973, Section 145, 146 -- Joint property and joint possession - Proceedings u/ss 145(1) and 146(1) Cr.P.C. cannot be resorted to dispossess the co-sharer...........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment of shop - Joint possession - Petitioner claiming exclusive business in the shop in dispute whereas respondents No.2 & 3 claiming joint business - No documentary evidence to show that there was joint business in the shop - In case of joint possession and joint ownership no proceedings can be initiated by..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence - Procedure prescribed u/s 200 Cr.P.C for taking cognizance of a case under general criminal law cannot be made applicable to taking cognizance of offence punishable u/s 138 NI Act, having regard to special provision contained u/s..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence - S.145 NI Act is an exception to mode of recording sworn statement of complainant by Magistrate at the stage of S.200 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145, 146, 107& 144 -- Civil court deciding question of possession in favour of petitioner - Petitioner initiating proceedings u/ss 145 and 146 Cr.P.C. - Magistrate attached property u/s 146 of the Code - Held, once a dispute regarding possession has been resolved by civil court, dispute pertaining to possession within the meaning of..........
Specific Relief Act, 1963, Section 34, Criminal Procedure Code, 1973, Section 145 -- Declaratory suit - Order passed in a proceeding u/s 145 of CrPC - Effect of - Held, an order passed in a proceeding u/s 145 of Cr.P.C. is not binding on Civil Courts, who has competence and jurisdiction to come to an independent finding on the basis of the material and evidences on record...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cognizance taken on the basis of affidavits - Plea that order taking cognizance on the basis of affidavits alone is improper and illegal and that it is mandatory to record statement of complainant as well as witnesses before taking cognizance - Held,..........
Criminal Procedure Code, 1973, Section 145, 146 -- Dispute regarding possession of land - Power of SDM to pass orders u/ss 145 and 146 of the Code - Held, if civil court is seized of the matter and has passed status quo order, then order of SDM cannot sustain - It is immaterial if the status quo order is passed before or after the passing of order by SDM...........
