Criminal Procedure Code, 1973, Section 133, Indian Penal Code, 1860, Section 188 -- Removing Garbage - No reason whatsoever as to why Municipal Authorities should not undertake task of removing garbage from city to make city clean and habitable for its residents - M.C., are under statutory duty and obligation to remove garbage from city - Sub Divisional Magistrate is..........
Criminal Procedure Code, 1973, Section 133, 138 -- Issuance of conditional order u/s 133 Cr.P.C. - Procedure - It is mandatory and a condition precedent to make a conditional order absolute that Magistrate shall take evidence - Report or information received by Magistrate before passing conditional order is no evidence against party...........
Criminal Procedure Code, 1973, Section 133, 138 -- Issuance of conditional order u/s 133 Cr.P.C. - Procedure - Conditional order cannot be made absolute without party (complainant) being called upon to substantiate the allegations, which necessitated the passing of conditional order by producing legal evidence - Views of Magistrate is no substitute for legal evidence that..........
Criminal Procedure Code, 1973, Section 133 -- Conditional order u/s 133 Cr.P.C. - Quashing of order - Nuisance - Stoppage of establishment of hazardous factory - S.D.M after duly considering police report passed conditional order giving one week's time to stop factory and show cause why conditional order should not be made absolute - No explanation or reply to said order..........
Criminal Procedure Code, 1973, Section 133 -- Compliant u/s 133 Cr.P.C. - Dismissal in default - SDM is competent to recall its order to decide the matter on merits...........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Provision is attracted only when construction of building is likely to occasion conflagration or explosion - It does not contain any provision for stopping the construction work of building by an Executive Magistrate...........
Criminal Procedure Code, 1973, Section 142, 133 -- Interim injunction - Executive Magistrate is empowered to pass an interim order of injunction by way of immediate measure u/s 142 Cr.P.C., only when case is covered by provision contained in S.133 Cr.P.C...........
Criminal Procedure Code, 1973, Section 133, 137, 138 -- Proceedings u/s 133 Cr.P.C. - Once respondent appeared and filed objections denying the existence of pubic right, duty is cast on SDM to conduct enquiry u/s 137 Cr.P.C. and to record finding as towhether denial of public right is bona fide or not - If SDM is satisfied that denial is bona fide and dispute has to be..........
Criminal Procedure Code, 1973, Section 133, 137, 138 -- Conditional order u/s 133 Cr.P.C. - SDM without following the procedure u/ss 137, 138 Cr.P.C. passed the order - Court below has not considered the procedural irregularities committed by SDM which goes to root of matter - Even objection raised by petitioner has not been considered - SDM had not applied hismind before..........
Criminal Procedure Code, 1973, Section 133(1), 138 -- Public nuisance - Site inspection by Assistant Collector or Magistrate cannot be a substitute for taking evidence as mandated u/s 138(1) Cr.P.C. - Report of Secretary of Grama Panchayat or the Pollution Control Board cannot also be a substitute for taking evidence as mandated u/s 138(1) Cr.P.C...........
