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1 - 7 of 7 (0.32 seconds)Section 1 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
Shanti Kumar Panda vs Shakutala Devi on 3 November, 2003
In the case of Ramnaresh Singh (supra), this Court after
referring the judgment in the case of Shanti Kumar Panda (supra) held as
under in para - 8:-
Chandu Naik & Ors vs Sita Ram B. Naik & Anr on 6 December, 1977
14. Considering the aforesaid provisions, in the case of Chandu Naik
and others vs. Sitaram B. Naik and another (1978) SCC 210, the Apex
Court held that in substance and in effect a proceeding under Section 145 of the
CRPC is not for the purpose of evicting any person from any land but is
primarily concerned with the prevention of the breach of peace by declaring the
person found in possession to be entitled to remain in possession until evicted
therefrom in due course of law. Section 145(6)(a) treats the party dispossessed
within the period provided for in the proviso to sub-section (4) as being in
possession of the disputed property on the date of the order under sub-section
(1). Restoration of possession to the party wrongfully dispossessed attracting
the proviso to sub-section (4) is in substance and in effect, putting back the
party in possession for deciding his possession on the date of the preliminary
order made under sub-section (1). Although the party who forcibly and
wrongfully dispossessed the other party has to be factually and physically
evicted from the property, by a legal fiction it is only for the purpose of treating
the latter party in possession on the date of the preliminary order.
Ramnaresh vs Shri Shyam Kumar Dehariya on 21 February, 2022
In the case of Ramnaresh Singh (supra), this Court after
referring the judgment in the case of Shanti Kumar Panda (supra) held as
under in para - 8:-
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