What is Section 145 of CrPC?
Table of Contents
- 1 What is Section 145 of CrPC?
- 2 What is the period of limitation for expeditious disposal of suit under Specific Relief Act?
- 3 What is confession under CrPC?
- 4 Who shall conduct the inquiry as to possession under Section 145?
- 5 What is meant by specific relief?
- 6 What are the various specific reliefs under Specific Relief Act?
- 7 Should Section 145 of the CrPC be amended?
- 8 What is Section 145 of the Criminal Procedure Code 1898?
What is Section 145 of CrPC?
145. Procedure where dispute concerning land or water is likely to cause breach of peace. (2) For the purposes of this section, the expression” land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
What is the period of limitation for expeditious disposal of suit under Specific Relief Act?
Section 20C provides for expeditious disposal of suits filed under the provisions of the Act to be disposed of within 12 months from the date of service of summons to the defendant, which may be extended for a further period not exceeding six months in aggregate. 9.
Which section of Specific Relief Act prohibits filing a case against the government?
Section 6
The person dispossession must be without the consent of the owner. Section 6 sub-clause (2) states that suit can be filled in 6 months of the dispossession and it also states that no suit can be filed against the government in such cases.
How many sections are in the Specific Relief Act?
| Contents | |
|---|---|
| Sections | Particulars |
| 22 | Power to grant relief for possession, partition, refund of earnest money, etc. |
| 23 | Liquidation of damages not a bar to specific performance |
| 24 | Bar of suit for compensation for breach after dismissal of suit for specific performance. |
What is confession under CrPC?
What is a confession? Confession is the admission of guilt, stating or suggesting an inference as to guilt by an accused made in custody. According to Justice Stephen, a “confession”, is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime.
Who shall conduct the inquiry as to possession under Section 145?
Section 145 Cr. P.C. only empowers the Magistrate to make enquiry under section 145 Cr. P.C. to regulate possession of the property in dispute for the time being to avert apprehension of breach of peace.
What is stay of suit in CPC?
Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action. …
What is the difference between a prohibitory injunction and a mandatory injunction?
A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused.
What is meant by specific relief?
Ans. Specific Relief : – Specific Relief may be defined as relief in `specie’. It is a remedy by which an obligation or the specific performance of a contract is fulfilled. “The law of specific relief is in its essence, a part of the law of procedure, for, specific relief is a form of judicial redress.
What are the various specific reliefs under Specific Relief Act?
Recovery of possession of property. Specific performance of contracts. Rectification of instruments. Rescission of contracts.
What is relief state the different types of relief under the Specific Relief Act?
The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
- Recovery of possession of property.
- Specific performance of contracts.
- Rectification of instruments.
- Rescission of contracts.
- Cancellation of Instruments.
- Declaratory decrees.
- Injunction.
What are the provision of relief under Section 8?
Section 8 of Specific Relief Act states that “if a person has their control or possession on any movable property which is in dispute, are held liable to transfer the said property to the person who is having their legal right on the same and the person who is claiming it should entitle with immediate possession.”
Should Section 145 of the CrPC be amended?
For the reason this appeal must be dismissed as without merit�. It is, thus, obvious that the said proviso of section 145 of the Cr.PC is vague and liable to create mischief. It is therefore suggested that it may be amended on the lines of amendment carried out in India.
What is Section 145 of the Criminal Procedure Code 1898?
Report No. 31 Section 145 of the Criminal Procedure Code 1898 (Cr.P.C.) is designed to prevent a breach of peace over a dispute related to immovable property. An extract of the relevant provision is produced below:
Are the provisions of Section 145 of IPC to be construed literally?
As far as the superior Courts of Pakistan are concerned, the view which was prevailed throughout is that the provisions of section 145, Cr.P.C. are to be construed literally. Reference may be made to Ch. Muhammad Siddiq v.