Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Criminal Procedure Code, 1973, Section 482 -- Two FIR's - There cannot be two FIR's on the same subject and in relation to same incident - Allowing such a course of action, would lead to an absolutely ambiguous situation - Registration of second FIR and continued investigation thereof amounts to sheer abuse of process of law - Second FIR quashed...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Ownership - Registration certificate of vehicle in favour of a person is an important determinative factor of ownership of the vehicle, keeping in view the limited scope of inquiry in a proceeding u/s 451 Cr.P.C...........
Special Marriage Act, 1954, Section 16 -- Registration of marriage - Exemption from personal presence - Petitioners working in foreign countries and their working conditions or their personal compulsions render it difficult to be present before marriage officer - No ground to overlook provision of law which mandate presence of parties for signing certificate in Marriage..........
Special Marriage Act, 1954, Section 16 -- Registration of marriage - Exemption from personal presence - At the end stage of process of registration of marriage of parties, parties cannot be exempted from being personally present before Marriage Officer where they are required to sign Marriage Certificate Book, which is public record maintained at a particular office of a..........
Criminal Procedure Code, 1973, Section 154, 156(3) -- Non-registration of FIR by police - Remedy as to - First remedy is to approach Superintendent of Police or any other competent police officer - However, even if thereafter grievance is unmitigated, one can take judicial recourse by approaching a Magistrate u/s 156(3) Cr.P.C - Still, thereafter an aggrieved party has a..........
Evidence Act, 1872, Section 65B -- Electronic evidence - CCTV footage - Copy of CCTV coverage of occurrence with requisite certificate u/s 65-B of the Act - Directions Issued : Director General of police is directed to issue appropriate instructions to Commissioners/Senior Superintendents/Superintendents of police in State of Haryana to exercise effective supervision on..........
Criminal Procedure Code, 1973, Section 482, 179, 156 -- Quashing of FIRs - Territorial jurisdiction - Offence u/ss 153-A, 295-A, 505(2) IPC - Debate show hosted by petitioner was broadcast on a widely viewed television network - Audience including complainants were located in different parts of India and were affected by utterance of petitioner, thus, consequence of words..........
Criminal Procedure Code, 1973, Section 186, 154 -- Multiple FIRs - Same offence - Principle underlying S.186 Cr.P.C can be applied at pre-charge sheet stage, that is post registration of FIR but before charge sheet is submitted to Magistrate - In such cases, ordinarily first FIR which is registered first in point of time, should be treated as main FIR and others as..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption (Amendment) Act, 2018, Section 13(1)(B), 13(2) -- Bail - Assets disproportionate to known source of income - Prima facie prosecution failed to convince Court that accused owns income which is disproportion income which is more than 10% to known source of income - Accused proved that he possesses more than..........
