Criminal Procedure Code, 1973, Section 432, 433A -- Power of government to remit sentence - Scope - Held, S.432 has limited application to convict - Remission can be granted u/s 432 of Cr.P.C. in the case of a definite term of sentence - This section will come into play only if convict is to be given an "additional" period of remission for his release i.e. a period in..........
Criminal Procedure Code, 1973, Section 451 -- Snatching of gold chain - Case split up against absconding accused - Petitioner cannot be deprived of the material object for no fault of her - Court has to pass appropriate interim orders as may be found essential for release of the articles produced for interim custody to the rightful claimant...........
Ranbir Penal Code, 1989, Section 45, 54, 55, 57, Jammu and Kashmir Criminal Procedure Code, 1989, Section 35(2), 401(1), 402, Prisons Act, 1894, Section 3(1), (5), Prisoners Act, 1900, Section 32, 51 - - Release of prisoner - Imprisonment for life - Petitioner seeking his release from detention on ground that he has already completed 20 years and 11 days of sentence -..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of currency notes - Legality - Petitioner in reply before Magistrate has not taken the plea that currency notes seized from "R" and "N" were alleged/suspected to have been stolen or were found under circumstances which creates suspicion of commission of any offence - Held, S.102(1) Cr.P.C. provides that any police..........
Criminal Procedure Code, 1973, Section 451, Rajasthan Motor Vehicles Taxation Act, 1951, Section 17 - - Release of seized vehicle - Jurisdiction of criminal Court - Held, in view of special procedure and form provided in S.17 of the Act, general procedure provided under the provisions of Cr.P.C. and more particularly as provided u/s.451 and 457 CrPC is not applicable -..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail cannot be granted merely on the ground that accused is not likely to flee from justice or after release on bail he has not tried to tamper with the evidence - There is no reason why a legally infirm and untenable order passed in arbitrary exercise of discretion releasing the accused involved in a..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a) - - Eviction - Bona fide need - Release application - Valuation of property - Held, not relevant for deciding release application...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a), Civil Procedure Code, 1908, Order 6, Rule 17 - - Eviction - Bona fide need - Release application - Amendment in written statement sought on ground that tenants tried to search other alternative accommodation, however, they could not get appropriate accommodation -..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Denied on the ground that vehicle is accidental and by repairing, the condition of the truck would be changed, which is not permissible - The property in dispute would not only lesser in value but no purpose would be served by keeping it in police station - By parking the vehicle idle would also..........
Criminal Procedure Code, 1973, Section 451 -- Release of property of interim custody - Entitlement to - Theft after house breaking took place a decade ago - Interim custody of stolen property refused on the ground that trial against one among accused remains to be completed - Held, it cannot be taken as a ground to deprive de facto complainant possession of articles stolen..........
