Indian Penal Code, 1860, Section 420, 405 -- Word `property' - Meaning of - Held, word `property' is used in IPC in a much wider sense than the expression `movable property' - Whether offence defined in a particular section of IPC can be committed in respect of any particular kind of property will depend not in interpretation of word `property' but on fact whether that..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Accused found in possession of 15 Kg of poppy husk - Accused convicted by trial court - Conviction set aside as prosecution case suffers from following infirmities : (a) No independent witness joined by the investigating officer at the time of alleged search and seizure, despite availability; (b) Alleged..........
Indian Penal Code, 1860, Section 34 -- Common intention - The distinctive feature of the Section is the element of participation in action - The liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act is done in furtherance of a common intention of the persons who..........
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...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution to prove that death was within seven years of marriage, otherwise than under normal circumstances and soon before her death she was maltreated in connection with the demand of dowry - Once it is so proved than presumption u/s 113-B Evidence Act operates that..........
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...........
