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1 - 10 of 15 (0.41 seconds)Section 142 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 138 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 137 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 273 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 476 in The Code of Criminal Procedure, 1973 [Entire Act]
Ind Barath Powergencom Ltd vs The Revenue Divisional Officer-Cum on 4 August, 2011
14. It was laid down by Hon'ble Madras High Court in Ind
Barath Powergencom Ltd. Vs. Revenue Divisional Officer-cum-Sub
Divisional Magistrate, 2012 (1) RCR (Criminal) 442 that the
conditional order is mandatory. It was observed:
Article 227 in Constitution of India [Constitution]
Darsan Ram vs The State And Ors. on 9 June, 1958
5. No such presumption can however be made unless
there is some evidence on record to show that the
rt
petitioner was aware of the principle laid down in AIR
1959 Pat 81. Merely because the Magistrate directed both
parties to adduce evidence it cannot be inferred that the
petitioner must have been aware that the enquiry was
really being held under Section 137 and not under Section
139-A, Criminal Procedure Code. Even an enquiry under
Section 139-A cannot necessarily be ex parte, because the
party (here the Opposite Party) on whose application the
proceeding under Section 133 Criminal Procedure Code
was initiated would always be in attendance. Hence when
the petitioner denied the right of public way over the path
in question and wanted to show that the evidence in
support of such denial was reliable, the rival party would
be entitled to show that such evidence was not reliable.