Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of vehicle - Registered owner of vehicle has a right to be heard by Court before the final order of confiscation is passed and seized vehicle is put to auction in terms of provision of S.63 of the Act...........
Criminal Procedure Code, 1973, Section 438(4) -- (As in U.P.) - Anticipatory bail - Offence u/s 376(3) IPC - Accused has no criminal history - No credible evidence against accused - Accused undertakes to co-operate during proceedings before Court below - Considering nature of accusations and antecedents of accused, anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, 441 -- Bail - Surety conditions - Court should examine socio economic conditions of a prisoner while fixing surety conditions - Such conditions should not be fixed which cannot be satisfied by prisoner on account of his destitute circumstances or conditions of want or deprivation faced by him - Onerous or arbitrary conditions..........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(4) of the Act vests in the Court as defined in S.2(1)(e) of the Arbitration and Conciliation Act - It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil..........
Arbitration and Conciliation Act, 1996, Section 29A(6) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(6) of the Act is only a consequential power vesting in the Court which is empowered to extend the time - If the Court finds that cause of delay is one or all of the arbitrators, while extending the time, Court has power to replace and substitute the..........
Criminal Procedure Code, 1973, Section 319, 193, Indian Penal Code, 1860, Section 304B, 34, 201 -- Summoning of additional accused - Court of Session can summon a person as an accused u/s 193 Cr.P.C between two stages i.e taking cognizance by Court of Sessions and framing of charges and proceeding with trial being Court of original jurisdiction - In such an event, Court..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of four demand drafts and two money receipts - Application filed u/s 65 of the Act but application dismissed on the premise that application is filed u/s 65-B of the Act - Impugned order set aside - Trial Court directed to pass order afresh on merits, strictly in accordance with law...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of four demand drafts and two money receipts - Application filed u/s 65 of the Act but application dismissed on the premise that application is filed u/s 65-B of the Act - Impugned order set aside - Trial Court directed to pass order afresh on merits, strictly in accordance with law...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Proceedings u/s 145 Cr.P.C are subservient to the adjudication by Civil Court and in a case civil suit is pending, Executive Magistrate should normally not initiate proceedings u/ss 145, 146 Cr.P.C - Inter se rights of parties regarding title or possession should eventually be left to be determined..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - When a cognizable offence has been committed by certain villagers, it was inappropriate on the part of police to initiate proceedings u/s 145 Cr.P.C on the ground that there was apprehension of breach of peace in the village, particularly when parties were already availing their remedies before the..........
