Criminal Procedure Code, 1973, Section 145 -- Preliminary order passed by Magistrate on 26.5.2000 and an order also passed attaching property and appointing SDPO to remain in charge of property - In a civil suit filed by respondents on 24.4.2000 an interim order was passed which was subsequently modified to order of status quo - High Court quashed proceedings u/s 145..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Appellant held to be in possession - Revision against, dismissed - High Court set aside the order holding that respondent had not been given an opportunity to file written statement and adduce evidence - Held, High Court erred in law in exercising its jurisdiction under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145(4) -- Proviso - Breach of peace - Proceedings under - Validity - Preliminary order u/s.145(1) Cr.P.C. - Petitioner not in possession of disputed property on date of passing of preliminary order - Proceedings initiated u/s.145 Cr.P.C. liable to be quashed - It is open to parties to approach Civil Court to vindicate their grievances..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s.145 - When not allowed to be continued? - Held, where civil suit is for possession or for declaration of title in respect of same property and where reliefs regarding protection of property concerned can be applied for and granted by civil Court then proceedings u/s.145 should not be allowed to continue...........
Criminal Procedure Code, 1973, Section 145 -- Forcible dispossession - No order for restoration of possession could be passed in favour of petitioner under Section 145, CrPC. Cases referred: Union Carbide Corporation vs. Union of India JT 1991(6) SC 8..........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Witnesses not shown their case diary statements recorded under S.161 Cr.P.C. from which they were sought to be contradicted nor the said contradictions/omissions have been exhibited and placed on record - Merely on the basis of statements of the police officer P.W.13 that the witnesses did not..........
Civil Procedure Code, 1908, Section 145 -- Bond - Extent of liability of the surety - S.145(c) of the Code of Civil Procedure provides, to the extent material, that where any person has become liable as a surety for the fulfillment of any condition imposed on any person under an order of the Court in any suit or in any proceeding consequent thereon, the decree or order may..........
