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1 - 10 of 10 (0.28 seconds)The Code of Criminal Procedure, 1973
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
R.H. Bhutani vs Miss Mani J. Desai & Ors on 23 April, 1968
In the case of R.S. Bhutani Vs. Ms. Mani 1968 AIR
1444, 1969 SCR (1) 80, the Hon'ble Supreme Court laid down
the law with respect to the satisfaction of the Magistrate
pertaining to the proceedings. For passing a preliminary order
under Section 145(1) Cr.P.C. it was held that the satisfaction
under sub-s. (1) of s. 145 is that of the Magistrate.
Nagammal vs Mani And Ors. on 4 March, 1966
Further, it had been held in the case of Nagammal Vs.
Mani 1966 LW Crl.
Janaki Ramchandran And Ors. vs The State on 23 March, 1988
179 and Janaki Ramachandran Vs. State 1988 LW
Crl. 147 that if there is absolutely nothing in the preliminary
order showing expressly the ground that the Magistrate being so
satisfied which are in the nature of conclusion arrived at by him
on the report or information it could be impossible for the parties
called upon to put in their claims...
Section 399 in The Code of Criminal Procedure, 1973 [Entire Act]
Satish Sadan vs Prithvi Raj And Anr. on 17 March, 1989
In the case of Satish Sadan Vs. Prithvi Raj 1989
SCC Online Delhi 134 passed by Hon'ble High Court of
Delhi, it has been held that in the absence of any formal
(preliminary) order made under Section 145(1) by the Magistrate,
the whole proceedings culminating in the final order would
become vitiated.
M.Seeranga Gounder (Died) vs M.Kuppusamy Gounder (Died) on 10 March, 2020
101, P.M. Gounder Vs. M. Gounder 1968
LW Crl.
Sardari Lal vs The State Of Punjab on 9 December, 2021
In Sardari Lal Vs. State of Punjab 1980 Crl. LJ
1151, it was laid down that the Magistrate must record in his
order the grounds of being satisfied regarding existence of a
dispute with regard to possession of premises which my give
apprehension of breach of peace before passing the final order.
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