Criminal Procedure Code, 1973, Section 145(4), Limitation Act, 1963, Article 137 -- Order u/s 145(4) Cr.P.C. - Limitation - Held, limitation for making an application for implementation of order passed u/s 145(4) Cr.P.C. is three years from the date of order...........
Criminal Procedure Code, 1973, Section 145(4) -- Magistrate when proceeds under the proviso to sub-section (4), he may restore possession to the party forcibly and wrongfully dispossessed...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment cannot be passed without there being a preliminary order which satisfies the conditions laid down in the Act...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Before initiating proceedings u/s 145 Cr.P.C. a preliminary order has to be drawn containing the ingredients viz. (a) That a dispute is likely to be caused breach of peace exists in respect of the land; (b) He must record the satisfaction in the order that the dispute is likely to cause breach of peace in..........
Criminal Procedure Code, 1973, Section 231, 311, Evidence Act, 1872, Section 145 -- Recall of a witness on the basis of subsequent affidavit - Not to be allowed as it will be in violation of the provision of S.145 Evidence Act...........
Criminal Procedure Code, 1973, Section 145, 146 -- Breach of peace - Order of attachment - Duty of Magistrate - Magistrate has not recorded any finding in impugned order passed u/s 146 that case is one of emergency - Held, merely by mentioning reason that there is an apprehension of breach of peace does not bring matter under `case of emergency' - Magistrate should have..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Breach of peace - Attachment - Jurisdiction of court - Matter sub-judice in civil court - Attachment order passed by Magistrate u/s 146(1) Cr.P.C. - Legality of - Held, until civil proceedings have achieved finality, proceedings u/s 145 Cr.P.C. as well as attachment order passed by Magistrate u/s 146(1) Cr.P.C., would..........
Criminal Procedure Code, 1973, Section 145 -- Breach of peace - Attachment of property - Preliminary order passed by Magistrate does not disclose any steps as required u/s 145 Cr.P.C. - Final order passed by him also does not disclose contentions of parties, or documents filed by them or findings of Magistrate on each of the contentions - Held, Magistrate on receiving..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Provision of S.145 of the Act is an exception to the normal rule as envisaged in S.200 of Cr.P.C. that the complainant would be required to give his evidence by appearing in person and by making statement on oath before the Court...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Evidence on affidavit by the complainant - Sufficient compliance as provided in S.200 Cr.P.C. - Personal appearance of complainant for his examination not required...........
