Criminal Procedure Code, 1973, Section 432, 433A -- Life convict - Pre-mature release - Petitioner already undergone more than 10 years and five months of actual sentence of imprisonment and about 14 years after adding remissions - Case of petitioner falls squarely under instructions issued by Governor of Punjab for pre mature release - Merely because appeal against..........
Criminal Procedure Code, 1973, Section 432, Prisons Act, 1894, Section 59, New Punjab Jail Manual -- Para 431 - Premature release - Denial of - Challenge - Convict involved in criminal conspiracy, smuggling of arms, and explosives - As per his conduct he was having wide network to cause harm and create disturbance to national security - Merely because convict was..........
Prisons Act, 1894, Section 59, Constitution of India, 1950, Article 226 -- Release on parole - Jurisdiction of High Court - High Court issuing directions for release of convict on parole - A Judge is expected to act in consonance and accord with legal principles - Judge cannot presume power on basis of individual perception or notion - Therefore, order of High Court is set..........
Criminal Procedure Code, 1973, Section 454 -- Forfeiture of currency notes - Currency notes given to accused as ransom money for release of his abducted son - Ownership right of seized currency notes is a complicated issue of fact - Petitioner directed to seek adjudication regarding ownership right of seized property from competent civil Court or as directed by Criminal..........
Land Acquisition Act, 1894, Section 4, 6, 48 -- Acquisition of land - Land acquired for public purpose but diversified for private purpose - Effect - Transfer of title of land, in favour of builder, seeking release of land for colonization - Resulting into gross abuse of law on account of unholy nexus of concerned authorities and builder for enabling builder to profiteer -..........
Tort -- Negligence - Act of releasing water from dam due to heavy rain - Destruction of tress and plantation of appellants - Overflow of dam, was occasioned by torrential and heavy rains - However, appellants pleaded that respondent authorities did not keep the level of water in the dam sufficiently low to take care of ensuing monsoon rains - Burden is on the respondents..........
Tort -- Negligence and Act of God - Quantum of damages - As many as 1500 boar trees were uprooted and washed away as a result of release of water from dam which flooded the fields of appellants - Appellants have not led any evidence to show actual cost of each tree - However, appellants would still be entitled to reasonable compensation once factum of suffering loss stands..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68Z, 68F -- Freezing of property - Provision of S.68-Z talks of detention of and release of property on its being set aside - In the instant case, appellant was arrested for commission of an offence under NDPS Act and never detained as a preventive measure- S.68-Z of the Act only talks of release of `seized' or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Modification of sentence - Accused convicted and sentenced till rising of Court and to pay fine of Rs.7 lacs which is reduced to Rs.5 lacs by appellate Court - There is no need to further modify sentence awarded to accused as Courts below already taken a lenient view while..........
Criminal Procedure Code, 1973, Section 451 -- Superdari - Release of seized vehicle - Vehicle involved in offence under NDPS Act - Recovery of 60 kg poppy husk from the vehicle of accused - Accused is the owner of said vehicle - Trial not yet concluded and it is also to be determined that whether accused is guilty of offence or not - Detention of vehicle would not serve..........
