Criminal Procedure Code, 1973, Section 145(4) -- Magistrate when proceeds under the proviso to sub-section (4), he may restore possession to the party forcibly and wrongfully dispossessed...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Sapurdari - Should be given to the person who is prima facie owner - Owner means the person in whose name the motor vehicle stands registered. The legal position, therefore, is that the sapurdari of a vehicle in proceedings under Section 451 Cr.P.C. should be given to the person who is prima facie owner of..........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Inherent powers - Exercise of - Held, S.320(9) Cr.P.C. provides that no offence shall be compounded except as provided by that Section - Therefore, High court in exercise of its inherent powers u/s 482 Cr.P.C. cannot pass an order which has been specifically prohibited under the Code of Criminal..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession - Recording of - Guidelines : (1) The confession should be recorded in a free atmosphere in the same language in which the person is examined and as narrated by him; (2) The person from whom a confession has been recorded under Section 15(1) of the Act, should be produced before the Chief..........
Criminal Procedure Code, 1973, Section 436A -- Retrospective effect - Many cases registered against accused prior to the year 2005 - Accused in jail for 10 years - Held, that accused cannot be released u/s 436-A Cr.P.C. as this section has no retrospective operation - However, it was held hat accused can be released in individual cases in case he applies for bail...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Court can exercise power u/s 319 Cr.P.C. on an application made to the Court or by the Court suo motu - It is in the discretion of the Court to take an action under the said section and the Court is expected to exercise the discretion judicially and judiciously having regard to the facts and circumstances..........
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482 -- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
Consumer Protection Act, 1986, Section 22(2) , 26(2), Civil Procedure Code, 1908, Section 151 -- Recall of order - Inherent powers - Application for recall of orders u/s 151 C.P.C. - Held that the provisions of Section 151 CPC are not applicable under CP Act - Misc. application under Section 151 CPC held not maintainable and dismissed...........
Motor Vehicles Act, 1988, Section 149 , 170 -- Civil Procedure Code, 1908, Order 41 Rule 33 - Quantum of compensation - Appeal by claimant - Neither owner nor driver of vehicle nor insurance company filed any appeal - Insurance company would have no right to question the quantum of compensation in absence of any leave having been granted in its favour in terms of Section..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of two cheques - Joint complaint - Maintainability of - Held, as per S.219 Cr.P.C. if the offences are of same kind and punishable with same punishment under same section, court can try these offences of same kind committed within a year together - In present case, both..........
