Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 - Court is mainly concerned with possession of the property in dispute on the date of the preliminary order and dispossession, if any, within two months prior to that date - Court is not required to decide either title to the property or right of possession of the same...........
Criminal Procedure Code, 1973, Section 145, 146 -- Civil suit for permanent injunction filed by both the parties - Order of Magistrate u/ss 145 & 146 Cr.P.C. quashed - Parties to approach civil Court for interim order...........
Criminal Procedure Code, 1973, Section 204, 482 -- Complaint not disclosing any criminal offence - Order of issuing process as well as entire prosecution of petitioners quashed...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings are in nature of summons case - Party No.1 not leading any evidence - Evidence adduced by party No.1 in rebuttal of evidence adduced by party No.2 - Held, such evidence is of no effect since proceedings are not civil proceedings - Proceedings vitiated for non-compliance with summons procedure - Order of demolition..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Parties separate - Documents on basis of which suits are to be decided not same and they have been executed on different dates - No possibility of conflicting judgments in two identical cases - Evidence of plaintiff already concluded - Application filed at a belated stage - No interference with order of..........
Criminal Procedure Code, 1973, Section 468, Industrial Disputes Act, 1947, Section 29 -- Order of reinstatement - Non compliance - It is a continuing offence - Embargo placed under S.468 Cr.P.C. in the matter of limitation is not applicable...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Relevant considerations - Order for bail bereft of any cogent reasons cannot be sustained - Placement of accused in society, though may be considered but that by itself cannot be a guiding factor...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Cancellation - Relevant considerations - Considerations applicable to the grant of bail and considerations for cancellation are independent and do not overlap each other - An earlier order of rejection available on record - Duty incumbent on High Court to explicitly state reasons...........
Criminal Procedure Code, 1973, Section 133 -- Nuisance - Removal - Local Inspection by Magistrate - Cannot take the place of evidence itself and an absolute order cannot be passed merely on the basis of local inspection without recording evidence...........
Criminal Procedure Code, 1973, Section 133, 138 -- Nuisance - Removal - Conditional order passed - To make the conditional order final Magistrate has to record evidence in the manner of summons case - It is not permissible to adduce evidence by way of affidavit - Non compliance of S.138(1) would vitiate the entire proceedings...........
