Supreme Court · 2003 INSC 596 · Decided 3 November 2003
Shanti Kumar Panda v. Shakuntala Devi
- Court
- Supreme Court of India
- Citation
- 2003 INSC 596 · [2003] SUPP. 5 S.C.R. 98
- Case number
- CIVIL APPEAL No. 10906/1996
- Decided
- 3 November 2003
- Bench
- R.C. LAHOTI, ASHOK BHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 145, 146, 146(1)
Headnote
Code of Criminal Procedure, 1973-Sections 145 and 146-0rder passed by e:t:ecutive magistrate-Proceedings before competent court against such C order-Effect of-Held: Competent Court can pass an order of temporary injunction or arrangement inconsi.tent with the order of Magistrate or superseding of convenience and irreparable injury-­ However, unsuccessful party should make out a prima facie case that findings of magistrate is without jurisdiction, palpably wrong or self lnconsistent-ln D the instant case, the proceedings under section 145 and 146 proceeded in the absence of
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