Criminal Procedure Code, 1973, Section 482 -- Return of passport - Direction to return passports of wife and son of appellant as a condition for release of appellant's passport was completely illegal and held, set aside...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized non-judicial stamp register - Case under NDPS Act - Seized register is a corroborative piece of evidence - It is therefore directed that certified zerox copy of seized register be obtained and same be placed on record and after that seized non-judicial stamp register will be handed over to petitioner with..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money involved in NDPS case - Petitioner has been released on bail - Whether cash recovered from petitioner at the spot was a drug money or not has to be established and determined upon conclusion of trial - No contraband recovered from petitioner - In such circumstances lying of amount with..........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration with consequential relief of permanent injunction - Plaintiff challenged the release deed among blood relations - It is specific assertion made in the plaint about release deed that it is illegally and fraudulently got executed and registered without consideration - Possession not claimed by..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Criminal Procedure Code, 1973, Section 432, 433 -- Pre-mature release - Opinion of Presiding Judge u/s 432(2) Cr.P.C is not available - Sentence of accused was confirmed by High Court - However, there are overwhelming materials on record unerringly indicating towards remission of accused - Presently accused is aged about 73 years and 84 years respectively - No reason in..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized amount - Recovery of contraband and bag containing 6 lakhs - Question as to whether money recovered is drug money or not has to be established and determined upon conclusion of trial - Lying amount with prosecution agency is going to devalue the same - Amount directed to be released in favour of petitioner..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(3) -- Parole - Temporary/emergency parole - Decision of High Powered Committee constituted by Supreme Court, petitioner released on emergency parole - High Powered Committee specifically observed that no specific directions for not counting period of special parole towards sentence are required to be..........
Transfer of Property Act, 1882, Section 83 -- Housing loan availed by mortgaging property - Property transferred during subsistence of mortgage - Entire loan amount paid and loan account closed - Bank is not entitled to withhold the security documents on the ground that borrower had transferred the property during the subsistence of the mortgage - Bank directed to release..........
