Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 326(3), 264 -- Dishonour of cheque - Complaint - Re-trial - Affidavit of complainant - Held, S.326 Cr.P.C. applies to evidence which is `heard and recorded' by Court - Affidavit of complainant which is read into evidence in trial of offence in terms of legal fiction created by..........
Criminal Procedure Code, 1973, Section 145, 146 -- Land dispute - Breach of peace - When dispute is not on the right of possession but on the question of possession, Magistrate is empowered to take cognizance u/s 145 of the Code and pendency of civil proceedings is of no consequence...........
Criminal Procedure Code, 1973, Section 145 -- East Punjab Urban Rent Restriction Act, 1949, S.13(2)(i) - Eviction - Tenancy - Whether proceedings u/s.145 Cr.P.C. will have any bearing to rent control proceedings? - Held, it has to be always seen in context in which order is sought to be issued - There could be no rule of thumb that S.145 Cr.P.C. will have no meaning to..........
Evidence Act, 1872, Section 145, 146, Criminal Procedure Code, 1973, Section 161 -- `Previous statement' - Cannot be extended to include statement made by a witness after filing of charge sheet - Held, statement made by a witness in a television interview after filing of charge sheet cannot be used to confront him at time of cross examination...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of offence relying upon affidavit filed by complainant - Magistrate not legally required to examine complainant and his witnesses as provided in S.200 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161, 162(1), Evidence Act, 1872, Section 145 -- Statement of witness in court - If statement of witness is contrary to previous statement recorded u/s.161 Cr.P.C or suffers from omission of certain material particulars, then previous statement can be proved by examining the Investigating Officer who recorded the same - Before the..........
Criminal Procedure Code, 1973, Section 145 -- Complaint u/s 145 Cr.P.C. - Cognizance - Before taking cognizance Magistrate has to pass a preliminary order u/s 145(1) Cr.P.C. - If no such preliminary order is passed the defect can be cured within two months from the date of appearance of the parties before proceeding further - If no such order is passed proceedings are..........
Criminal Procedure Code, 1973, Section 145 -- Mere pendency of civil suit does not deprive the jurisdiction of the Magistrate to take action u/s 145 Cr.P.C. - If during the pendency of civil suit Court has not passed interim order affecting the right of the parties or where application for injunction was rejected or such suit was at a very initial stage, if there is..........
Criminal Procedure Code, 1973, Section 145, 146 -- The two provisions of Ss.145 and 146 has to be read conjointly - If after enquiry u/s 145 of the Code, Magistrate is of the opinion that none of the parties was in actual possession of the subject of dispute at the time of the order passed u/s 145(1) or is unable to decide which of the parties was in such possession, he..........
Criminal Procedure Code, 1973, Section 145, 146 -- Attachment - Can only be when there is emergency - Emergency has to be distinguished from a mere case of apprehension of peace - Magistrate before passing an order u/s 146 must explain the circumstances why he thinks it to be a case of emergency - In other words, to infer a situation of emergency, there must be a material..........
