Topic
A possession dispute in Indian law involves conflicting claims over physical control of property, often resolved under civil procedure or Section 145 of the CrPC when public order is at stake.
Gauhati High Court rules that proceedings under Section 145 CrPC cannot be initiated if possession of disputed land is admitted by parties. The provision is strictly for preventing breach of peace in cases of contested possession, not settled ownership.
The Punjab & Haryana High Court ruled that orders under Section 145 CrPC are invalid without strict adherence to procedural requirements. Additionally, criminal possession determinations are barred if a civil suit over the same property is pending, reinforcing the primacy of civil remedies in property disputes.
Madras High Court holds that writ petitions seeking possession are not maintainable when a second appeal is pending between the same parties. The Court emphasized that parallel remedies under writ jurisdiction cannot override the exclusive procedural framework of civil appeals, ensuring disputes are resolved within the ongoing appellate process.
NCDRC reaffirms that execution proceedings under the Consumer Protection Act are strictly limited to enforcing the exact terms of a final decree. Builders or judgment debtors cannot be compelled to fulfill obligations beyond what was originally ordered, protecting them from post-judgment claims not adjudicated in the main case.
Madhya Pradesh High Court holds that when a civil suit for title or possession is pending, Section 145 CrPC proceedings cannot override civil court's jurisdiction and orders are not binding.
Bombay High Court holds that dispute over vessel possession constitutes a maritime claim under Section 4(1)(a) of the Admiralty Act, 2017, justifying arrest under Section 5(1)(d).