Criminal Procedure Code, 1973, Section 438, 439 -- Release order - Incorporation of details - Duty of Court - Held, Court which has authorized detention of a convicted person to any authority of a jail does not require it to incorporate the quantum of sentence either substantive or by way of fine in release orders issued by it after accepting bonds - Court is simply..........
Land Acquisition Act, 1894, Section 4, 6 -- Land Acquisition - Release of land - State government misused provisions of Ss.4 & 6 of the Act for making land available to private developers - Officials held guilty of practicing discrimination - Acquisition declared illegal and quashed...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21(1)(a) - - Eviction - Landlord sought release of disputed shop for benefit of his son who will start his business of electrical goods - Trial Court allowed petition - Appellate Court reversed order of prescribed authority on ground that in meantime, landlord got another shop..........
Indian Penal Code, 1860, Section 302, 34, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 14, 16, 17, 20 -- Murder - Conviction u/s.302 IPC - Appellant/accused challenging conviction on ground that he was juvenile at time of incident and must be given benefit of provisions of Act of 2000 - Appellant was convicted by Trial Court on 07.09.2000 whereas..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Denial of - Held, juvenile can be denied concession of bail if there appears reasonable grounds for believing that release of juvenile will either bring him into association with any known criminal or will expose him to moral, physical or psychological danger or his release would..........
Criminal Procedure Code, 1973, Section 397, 401, 457, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Release of case property - Husband of revisionist dishonestly and fraudulently transferred the amount from account of complainant to his own account misusing his position - Final report filed due to death of accused "B" - Magistrate ordered for releasing the amount..........
Transfer of Property Act, 1882, Section 114 -- Appeal against decree for eviction - Application u/s 114 of the Act for deposit of entire arrears of rent and release from forfeiture is not maintainable at the belated stage - Such application could only be filed at the initial stage of filing of the suit itself and as soon as the defendant is served with the summons...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Conviction - Release on probation - While convicting accused for offence u/s.138 of N.I. Act, Magistrate ordered for his release by extending the benefit u/s.4 of Probation of Offenders Act - Held, while granting benefit of S.4 of the Act, it is not incumbent..........
Prisoners (Attendance in Courts) Act, 1955, Section 3, 6, Criminal Procedure Code, 1973, Section 267, 269, Constitution of India, 1950, Article 226 -- Continuous detention - Writ of habeas corpus - Grant of bail - Release of detenu on execution of sureties - Release order sent by concerned Magistrate for his release reached prison - There is absolutely no other judicial..........
Criminal Procedure Code, 1973, Section 389, 432, Rajasthan Prisoners Release on Parole Rules, 1958, Rule 1(c), 3 -- Suspension of sentence - Release on parole - Powers of judiciary & executive - Held, powers assumed to itself by State Government under the parole rules cannot be exercised so long as an appeal by a convicted person is pending and judicial function is not..........
