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 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..........
Criminal Procedure Code, 1973, Section 145, 107, 151 -- Dispute over property - Proceedings u/s 145 or u/s 107/151 Cr.P.C. - It is the officer on spot who has to take a decision as what provisions should be resorted to according to the prevailing circumstances...........
Criminal Procedure Code, 1973, Section 145(1), 146(1) -- Proceedings u/ss 145 & 146 Cr.P.C. - Land attached - Custody given to Inspector incharge of police station in view of pendency of petition before High Court - SDM stayed the proceedings and permitted one of the brothers to harvest the wheat crop standing on the land - Held, when matter was in cessation with the High..........
Criminal Procedure Code, 1973, Section 145(1), 146(1), Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229D -- Proceedings u/ss 145 & 146 CrPC - SDM has no occasion to pass orders u/ss 145(1), 146(1) Cr.P.C. when the stay order passed u/s 229-D of the Z.A. Act was in operation...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 4(1), 482 -- Dishonour of cheque - Quashing of proceedings - S.145 NI Act provides a procedure contrary to Cr.P.C for taking cognizance and trial of offences u/s 138 NI Act - It provides that for enquiry for taking cognizance, Court can take evidence through affidavits - Thus,..........
Criminal Procedure Code, 1973, Section 145 -- Question of title cannot be determined in proceedings u/s 145 Cr.P.C. - However, when encroachment is found in the property then direction to remove such encroachment and hand over the possession cannot be faulted as the said directions are within the parameters of S.145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 107, Railway Act, 1989, Section 145, 146 -- Breach of peace or disturbance to public tranquility - Initiation of proceedings u/s.107 Cr.P.C. against petitioners - Issuance of show cause notice - Challenge as to - Complainant put obstruction in official work of petitioners while they were engaged in inspecting his office - Therefore,..........
Criminal Procedure Code, 1973, Section 144, 145 -- Conversion of proceedings initiated u/s 144 Cr.P.C. into a proceeding u/s 145 Cr.P.C. - During pendency of title suit before competent Court Magistrate was not required to pass impugned order - Impugned order as well as order whereby a Receiver was appointed set aside...........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment order - Plea that civil suit is pending and proceeding u/s 145 Cr.P.C. are liable to be dropped - Applicants on appearance in pursuance of preliminary order neither filed any written statement nor objections to the preliminary order - No application filed for dropping the proceedings - Applicants cannot be..........
