Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question, which has not been claimed by any other person - Although no contraband was recovered from car, still vehicle seized under provisions of NDPS Act can be released in favour of registered owner provided no order of..........
Civil Procedure Code, 1908, Section 80(2) -- Suit against government without issuing notice - Interim relief - Can only be granted when leave to institute suit against Government without notice is granted and then only interim relief can be granted after hearing the State - In the instant case interim relief granted when leave had been refused - Prior to grant of leave,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against sister-in-law and brother-in-law - Prima facie case against accused is made out as per complaint, summoning order and also other material on record - It cannot be said that no case is made out..........
Criminal Procedure Code, 1973, Section 482 -- Second application for recall of an order - Maintainability - Petitioner earlier also filed application for recall of order for very same relief, which was dismissed - Second application for same relief is not maintainable - Application dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration of title and ownership - Wife was restrained from alienating the suit property - Thereafter husband seeking interim injunction to handover the key of house - Court directed wife to hand over key of house - Held, no interim order can be passed against a person in whose name property..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - Accused is not debarred from praying for discharge u/s 245(2) Cr.P.C, merely on the ground that he chose not to challenge order issuing process upon him u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 374, 384 -- Appeal against conviction - Accused acquitted - Offence u/ss 7, 13(1), 13(2) of P.C. Act - High Court acquitted accused without adverting to reasons given by trial Court while convicting accused and without re-appreciating entire evidence on record in detail - Impugned order of acquittal of accused set aside - Matter..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issues as to maintainability of suit - High Court directed to decide same as preliminary questions of law - Cannot be said to be incorrect - Moreover no prejudice would be caused if issues are taken up and decided by trial Court as preliminary questions of law - No interference warranted in the impugned..........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Order u/s 156(3) Cr.P.C. directing police to register and investigate a cognizable offence - Not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued - Moreso such an order is an interlocutory order and remedy of revision is barred u/s 397(2) Cr.P.C...........
Civil Procedure Code, 1908, Section 25 -- Transfer of a case - When a case is at final stage, Supreme Court will be extremely reluctant to order transfer, as it may derail entire process...........
