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...........
Criminal Procedure Code, 1973, Section 145 -- Magistrate has no power to pass an interim order of status quo...........
Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
Criminal Procedure Code, 1973, Section 145, 154 -- Dispute regarding immovable property or water likely to cause breach of peace - FIR registered u/s 145 Cr.P.C. - FIR quashed - Held, S.145 of Cr.P.C. does not contain a penal provision much less deal with any type of offence whether cognizable or non cognizable - It prescribes procedure to be followed where dispute..........
Criminal Procedure Code, 1973, Section 145 -- Breach of peace - Possession of property - Determination of - Duty of Magistrate - Held, it is in the domain of Sub-Divisional Magistrate to record a finding as to which party is in possession within two months from the date of issuance of preliminary order...........
Criminal Procedure Code, 1973, Section 145 -- Power of the Magistrate to initiate proceedings where there exists a dispute regarding possession of property, which may entail breach of peace - Magistrate, after having received application proceeded under the Act without drawing preliminary order - magistrate has to record his satisfaction while drawing preliminary order -..........
Civil Procedure Code, 1908, Section 145, Order 41, Rule 5, Contract Act, 1872, Section 134 -- Bank guarantee - Appeal disposed of - Retention of - Petitioner furnished a bank guarantee in FAO in terms of order passed by HC - FAO disposed of - A plea raised by petitioner for release of bank guarantee was disposed of by ADJ by ordering that bank guarantee shall be released..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 296(2) -- Dishonour of cheque - Provisions of S.296(2) Cr.P.C. and S.145(2) Negotiable Instruments Act are not identical - Provision of S.296(2) Cr.P.C. deals with the evidence of a formal nature whereas provision of S.145(2) NI Act all evidences including substantive evidence may..........
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, 146, 147 -- Dishonour of cheque - Ss.143, 144, 145 & 147 expressly depart from and override the provisions of the Code of Criminal Procedure, the main body of adjective law for criminal trials - The provisions of S.146 similarly depart from the principles of Indian Evidence Act...........
