Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Suo moto exercise of power by High Court - Held, High Court can invoke power u/s. 439(2) Cr.P.C. by initiating suo motu proceeding for cancellation of bail if grounds mentioned therein are prima facie made out...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Pendency of other cases against accused - Held, not a ground for cancellation of bail - Allegation of threatening witnesses not established - Application for cancellation of bail, rejected...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation of - Accused supplying methyl and ethyl alcohol for manufacture of spurious liquor despite having full knowledge that they are poisonous - Bail granted to him on mere ground that nephew of accused was looking after business - Held, bail liable to be cancelled...........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Evasion of tax and cheating Excise and Taxation Department - Truck ordered to be released on Superdari - Magistrate reviewed his order and cancelled the order releasing vehicle on Superdari - Held, Magistrate cannot review its own order - Secondly ETO had no locus standi to file an application..........
Criminal Procedure Code, 1973, Section 167(2), 439(2) -- Bail granted u/s 167(2) - If bail granted u/s 167(2) Cr.P.C. is illegal or erroneous then the same can be cancelled u/s 439(2) Cr.P.C. - Power vested in High Court u/s 439(2) can be invoked either by State or by any aggrieved party - High Court can also exercise this power suo moto - High Court can cancel bail even..........
Criminal Procedure Code, 1973, Section 438, Essential Commodities Act, 1955, Section 7, 25(1) - - Anticipatory bail - Violation of provision of S.25(1) of Fertilizer Control Order, 1985 punishable u/s 7 of Essential Commodities Act, 1955 - As per Clause 15 of the Punjab Light Diesel Oil and Kerosene Licensing Order, 1978, no police official below the rank of Inspector has..........
Haryana Canal and Drainage Act, 1974, Section 18 -- Water course - Change of alignment - Appellant prayed for change of alignment of water course which had been in existence for last thirty years - At no point in time, during this period of thirty years, did appellant raise a plea of inconvenience whether in cultivation, irrigation or in harvesting his crop - Other..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No absolute rule that bail once granted can be cancelled only if there is likelihood of misuse of bail - That factor, though no doubt important, is not the only factor - There are several other factors which may be seen while deciding to cancel the bail...........
Limitation Act, 1963, Article 59 -- Cancellation of gift deed - Suit not filed within three years of execution of gift deed nor within three years from date of knowledge - Suit rightly dismissed...........
HUDA -- Allotment of plot - Default in payment - Cancellation - Validity - Allotment cancelled without giving any opportunity to deposit amount - Appeal dismissed by passing non speaking order - None of averments made by petitioner taken into consideration - Claim of petitioner rejected without application of mind - Held, HUDA authorities committed mistake in not..........
