Criminal Procedure Code, 1973, Section 145, 146, 397, 482 -- Order passed u/s 146(1) Cr.P.C. - Order set aside in revision - Revision against - Held, revision against an order which is temporary in nature is not maintainable - Revision treated as a petition u/s 482 Cr.P.C. and order passed by Additional Sessions Judge set aside...........
Criminal Procedure Code, 1973, Section 145 -- Order passed u/s 145 Cr.P.C. is subject to the ultimate decision of the suit filed in the civil court...........
Criminal Procedure Code, 1973, Section 145 -- Decision as to possession - Has some evidentiary value but same is not binding on a civil court - Question of title not to be gone into in proceedings u/s 145 Cr.P.C. - Civil Court can grant injunction inspite of an order passed u/s 145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145 -- A decision by a criminal court does not bind the civil court while a decision by the civil court binds the criminal court - An order passed by Magistrate in proceedings u/ss 145, 146 Cr.P.C. is an order by a criminal court...........
Criminal Procedure Code, 1973, Section 144, 145 -- Dispute amongst co-sharers regarding extent of their shares - To be adjudicated by civil court - Two of the co-sharers executed sale deed in favour of third party - Threat of dispossession at the hands of third party - Held, proceedings u/ss 144 and 145 of the Code maintainable - Decision of a criminal case in a case of..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145 and 146 Cr.P.C. cannot be quashed merely on the basis of pendency of civil suit when the subject matter is not of the disputed property...........
Criminal Procedure Code, 1973, Section 145, Specific Relief Act, 1963, Section 6 -- Provision of S.6 Specific Relief Act has no application to a proceeding u/s 145 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145(4), Limitation Act, 1963, Article 137 -- Order u/s 145(4) Cr.P.C. - Limitation - Held, limitation for making an application for implementation of order passed u/s 145(4) Cr.P.C. is three years from the date of order...........
Criminal Procedure Code, 1973, Section 145(4) -- Magistrate when proceeds under the proviso to sub-section (4), he may restore possession to the party forcibly and wrongfully dispossessed...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment cannot be passed without there being a preliminary order which satisfies the conditions laid down in the Act...........
