Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is registered owner of vehicle which is lying in possession of police since long - Condition of vehicle must be deteriorating - Vehicle released in favour of petitioner on superdaginama/surety bond...........
Hindu Adoptions and Maintenance Act, 1956, Section 16(2) -- Proviso (As amended in State of UP) - Adoption deed - Adoption deed is a notarized deed and not a registered deed in accordance with law - Said deed cannot be relied upon - Contention that secondary evidence of such document shall be admissible in view of S.16(2) Proviso of the Act, rejected, as secondary evidence..........
Registration Act, 1908, Section 17(b) -- Registration - Compromise decree - Order of Court/decree which extinguishes rights, title or interest is required to be compulsorily registered - Right course thus, open for Civil Judge was to decree the suit and send a copy of decree for registration to Sub-Registrar u/s 17 of the Act - Sub-Registrar, if deemed necessary, can take..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Commercial Courts Act, 2015, Section 2(1)(c)(vii) -- Commercial dispute - No dispute regarding agreement relating to immovable property - There is no pleading to the effect that immovable property is being used exclusively in trade or commerce - Civil Court thus, has jurisdiction to decide the suit for declaration on basis of registered sale deed...........
Will -- Registered Will - Presumption - Will was registered during life time of testator and certainly presumption lies in validity of Will, when no material evidence was produced by petitioner to revert said presumption...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - FIR was registered due to non-appearance of petitioner in a FIR filed u/s 323, 325, 34 IPC - Trial of case was concluded and all other accused were released on probation - However, petitioner was declared proclaimed offender - As he was not aware about pendency of trial, he could not..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Specific allegations not levelled against petitioner - Omnibus allegations have been levelled against petitioner that he alongwith others demanded money - Apparently, he was of age of approximately 19 years and a student of College at the time when FIR was registered - Allegations pertain to even earlier while..........
