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ALI RAHMAN versus NAIK AMAL KHAN


Article 145 Constitution of Pakistan, Article 199 Constitution of scope of application and application of section 145, PC dispute likely to cause breach of peace on land Section 145, CCP scope attachment of section 145 belonging to four tribes of land. The provisions, the CRPC, were applicable in this case, because for the purposes of section 145, the CCP could prevent a breach of immovable property that could cause a breach of the peace. And unless the dispute was decided to maintain the conflict until the court of Article 145 of the jurisdiction, the CCP's purpose was to face an emergency (threat to peace only) and the parties. It could not be used to resolve the rights of Although the court was legally obliged to inquire into the matter under Section 145, CRPC, seven people were killed in the present case. And there was the possibility of a breach of the peace between the parties in this regard; the trial court provided the parties with an opportunity to present their objections to the attachment order, there was no public or private division nor any limitation. Was processed. In this case, the matter, a fundamental dispute, seemed to be a civil dispute, and no one could claim its exclusive / exclusive ownership, the main purpose of action under section 145, CR PC, to maintain peace To keep up was to fulfill a temporary situation. And further, in order for the parties to resolve disputes through a civil court, the title of the property or claim in the dispute, as required by Section 14545, the CCP was not merely a dispute.

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