Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - Jurisdiction of Court - Vehicle involved in NDPS case - Application for interim custody of vehicle rejected on the ground that Magistrate has no jurisdiction since the vehicle was seized u/s 52 of NDPS Act - However, jurisdiction of..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Jurisdiction of Special Court - During pendency of trial and confiscation proceedings, Special Court is empowered to release an article, thing or vehicle to interim custody of the rightful owner..........
Custody of child -- Writ of habeas corpus - Jurisdiction of Court - Act of deprivation of minor's custody and residence, arose at Nasik - Present Court has no territorial jurisdiction to entertain petition as no cause of action or part thereof has arisen within territorial jurisdiction of Court - Writ petition dismissed...........
Custody of child -- Writ of habeas corpus - Jurisdiction of Court - Act of deprivation of minor's custody and residence, arose at Nasik - Present Court has no territorial jurisdiction to entertain petition as no cause of action or part thereof has arisen within territorial jurisdiction of Court - Writ petition dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 102 kg 950 gms Ganja - Accused is a first offender and he is in custody for more than three years - Trial of case is lingering because of apathy of State - There is no chance of absconding of accused, as his home and hearth is within..........
Custody of child -- Claimed by father - Writ of habeas Corpus - Mother had taken child from USA to her native place in India after relations between spouse became strained - Child was only 1 and 1/3rd years age at that time - It cannot be said that child was segregated from social customs prevalent in USA to which he has been accustomed - There is no consent order with..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles - During pendency of investigation - Seized articles cannot be released by Court u/s 451 Cr.P.C at the stage of investigation - However, u/s 457 Cr.P.C, Court has jurisdiction to give custody of seized property/articles at the stage of investigation when those articles are not produced before..........
Criminal Procedure Code, 1973, Section 97, 362 -- Second application u/s 97 Cr.P.C - Barred by Res judicata - Wrongful confinement of child by father - Dispute between mother and father regarding custody of minor child which was forcibly taken by father - Whether such allegations are correct or not would depend on facts and circumstances of case, but if allegations..........
Guardians and Wards Act, 1890, Section 9, 25 -- Custody of child - Jurisdiction - Court at the place where minor is ordinarily residing has jurisdiction - Minor studying in a school at place `M' - Court at place `M' has jurisdiction - It does not matter that minor is residing at said place only for a few months before filing of petition...........
