Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Bar of Civil Court Jurisdiction - Restraining erection and installation of electric tower for supplying electricity - Jurisdiction of Civil Court is barred - Plaint rejected...........
Criminal Procedure Code, 1973, Section 145, 146(1), 397 -- Order passed u/s 146 Cr.P.C. - Not an interlocutory order - Revision against such order is maintainable...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Cannot proceed and must come to an end once civil Court is seized of matter - Inter se rights of parties regarding title or possession are eventually to be determined by civil Court...........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revision - Revisional Court while dismissing revision was not justified in pronouncing upon merits of case much less making observation that order of attachment is interlocutory order against which revision was not maintainable - Direction issued to trial Court to conclude proceedings u/ss 145, 146 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - If rights of parties have already been adjudicated upon by a particular forum, then entertaining an application u/ss 145, 146 Cr.P.C would not be appropriate - SDM was thus, perfectly justified in discontinuing proceedings u/ss 145, 146 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revisional Court only directed trial Court to pass a fresh order after providing opportunity of hearing to all parties concerned on the application filed by SHO for continuing attachment of disputed land and releasing the rest of land from attachment - No illegality found in order passed by revisional..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Main purpose of exercise of powers by Executive Magistrate u/s 145 Cr.P.C is to determine the possession of one of the party - Both the parties have made rival claims regarding their possession, hence, it is question of fact, which can be determined only after enquiry..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200, 202, 482 -- Dishonour of cheque - An accused can be summoned on the basis of affidavit filed on behalf of complainant - There is no need to record statements u/s 200 and 202 Cr.P.C...........
