Criminal Procedure Code, 1973, Section 145 -- Proceedings under Section 145 - Petition for quashing - When a Civil litigation is pending for the property wherein the question of possession is involved and adjudicated, initiation of Criminal Proceedings under Section 145 Cr.P.C would not be justified. (Pare 14)..........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 7 - FIR - Petition for quashing - Application of provisions of Section 197, CrPC - Failure to investigate the case fairly and squarely is abandonment of his duty by a police officer - If for abandoning that duty he demands illegal gratification and he gets it, he commits an offence..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings under - Whether once the findings of possession is in favour of the petitioner - Whether under the grab of proceedings under Section 145 read with Section 146 CrPC such possession can be disturbed or not - Held - `No'...........
Criminal Procedure Code, 1973, Section 145 -- When there is a dispute regarding the breach of peace only, whether such type of disputes can be converted into proceedings under Section 145 CrPC - Held - `No'...........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Section 29(3)(f)(i) - Quashing of complaint - Complaint as a whole does go to show the commission of the offence complained therein - Very serious offence and the trial must proceed in accordance with Iaw - Not a case where the complaint alleged to have been filed with malice, ill-will or with ulterior..........
Criminal Procedure Code, 1973, Section 482 -- Exercise of power under - For the purpose of exercising its power under Section 482 to quash a FIR or a complaint, the High Court should proceed entirely on the basis of the allegations made in the complaint - No jurisdiction to examine the correctness or otherwise of the allegations - Test to apply at the initial stage to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue record, evaluation of entries-Temporary injunction in a suit for permanent injunction restraining defendants from interfering with actual physical possession of plaintiff-Defendants in reply claimed to be in actual physical possession as tenants, earlier their father was tenant of plaintiff and after his death,..........
Criminal Procedure Code, 1973, Section 340, 195 -- Order passed under Section 340 - Appeal - In the case of suits, depending upon valuation, appeal will lie to District Court or High Court...........
Criminal Procedure Code, 1973, Section 195, 340, Indian Penal Code, 1860, Section 188, 323, 378, 504, 506 -- Injunction order - Disobedience - Criminal Court has no jurisdiction to take cognizance of that offence unless there is written complaint by Civil Court whose order has been disobeyed or by Court Subordinate to it - Private prosecution of such offence is barred and..........
Punjab Security of Land Tenures Act, Section 9 -- Tenant inducted by vendee of pre-emptible property-Sale successfully pre-empted-Tenant not liable to be dispossessed in execution of pre-emption decree-Covered under definition of tenant in Section 4(5) Punjab Tenancy Act-Section 9 specifically bars ejectment of a tenant except under certain conditions-Tenant cannot be..........
