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..........
Evidence Act, 1872, Section 145 -..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint - Issuance of process - Procedure to be followed - Held, for purpose of issuing process u/s.200 CrPC it is open to Magistrate to rely upon verification in form of affidavit filed by complainant in support of complaint u/s.138 of N.I. Act and Magistrate is not obliged to call upon..........
Civil Procedure Code, 1908, Section 9, Electricity Act, 2003, Section 145 -- Electricity bill dispute - Jurisdiction of civil Court - Suit challenging electricity bill and disconnection of electricity - Held, suit of plaintiff was itself not maintainable as there was an express bar and, therefore, the matter was liable to be dismissed in view of S.9 Code of Civil..........
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 -..........
