Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward, order declaring petitioner as proclaimed person set aside...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application had permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Seized vehicles can be confiscated by Trial Court only on conclusion of trial when accused is convicted or acquitted or discharged - Further, even where Court is of the view that vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized vehicle - Vehicle involved in NDPS case - State is unable to give any definitive timeline as to when trial against A-5 would conclude - Vehicle in question thus, released after preparing a video and still photographs of vehicle, subject to appellant furnishing a surety bond of Rs.2,10,000 instead of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 418, 381, 408, 120B, 34 -- Interim bail - Cheating - Allegations made against petitioners are serious in nature, more so, conduct of petitioners have been portrayed as on defying due course of justice by indulging in activities which are contrary to law - Though, allegations are yet to..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Violation of bail condition - Accused applied for employment/residence visa - Accused-1 obeyed condition-1 of bail order by surrendering his passport and thereafter got his passport released for short visit to Dubai by filling application before Trial Court and subsequently re-surrendered his passport..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 310(2), 191(3), 190, 111, 303(2), 238, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 310(2), 191(3), 190, 111, 303(2), 238 BNS and Ss.25, 27 of Arms Act - Petitioner has been in custody since 10.9.2024 - Challan stands presented - 28 PWs have been cited - Possibility of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot grant compensation to accused for wrongful confinement in a bail application u/s 439 Cr.P.C, as jurisdiction conferred upon a Court u/s 439 Cr.P.C is limited to grant or refusal of bail pending trial...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent injunction - First Appellate Court thoroughly examined all aspects and decreed the suit by reversing the finding of trial Court simply because point for consideration is not properly framed, it cannot be said that total judgment of First Appellate Court is perverse -..........
Indian Penal Code, 1860, Section 174A -- Proclaimed offender - Main criminal trial stands concluded wherein petitioner has been acquitted so the continuation of proceedings to FIR in question are nothing but an abuse of process of Court - FIR u/s 174-A IPC quashed subject to payment of costs of Rs.35,000/-...........
