Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle involved in NDPS case - Registered owner of vehicle has been implicated but, Court feels that an indefinite seizure of vehicle will not serve any purpose - So far as request of Public prosecutor to furnish a bank guarantee, since small quantity of 13 gms of smack was found that too in possession of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - There are no materials disclosed or even pleadings to show even prima facie that plaintiff was a family member or a near relative of `G' on the life of which film was based - Contention of plaintiff is that story of `G' sought to be depicted is untrue, is..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Petitioner was about 17 years of age at the time of incident - He was driving the offending vehicle at the relevant point of time - It is a matter of evidence whether matter falls within definition of S.304-A IPC or S.304(Part I)PC - No evidence on record that if petitioner is..........
Stamp Act, 1899, Article 55 -- Deficient stamp duty - Release deed - Petitioner had undefined joint ownership right in property that became the subject matter of deed in question - Other joint owner in the property by said deed released her rights in favour of petitioner in that property - Deed in question is thus, release deed, which would remain subject to assessment and..........
Criminal Procedure Code, 1973, Section 435 -- Premature release - Case of premature release of a life convict is governed by policy of Government prevailing on the date of judgment of conviction and not by policy which existed on the date of consideration of his premature release...........
Criminal Procedure Code, 1973, Section 435, Indian Penal Code, 1860, Section 302, 212, 449, 120B, 34 -- Premature release - Murder case - Policy prevailing for premature release of convicts was Premature Release policy 1993 in which condition required for life convict was to undergo 14 years of actual sentence including under trial period provided of such sentence..........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Application for premature release has to be considered on the basis of policy as it stood on the date when accused was convicted of offence...........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Order rejecting application for pre-mature release is bereft of an application of mind to relevant circumstances bearing on whether petitioner should be released prematurely - Order does not contain any reference whatsoever to whether petitioner possess any prior criminal history - Even, order is..........
Criminal Procedure Code, 1973, Section 446, 451, Punjab Excise Act, 1914, Section 61, 78 -- Superdari - Release of seized vehicle - Petitioner for releasing vehicle, in question, on superdari, has been found to be meritorious and was allowed - While allowing said application, it was observed in order that no useful purpose would be served by keeping said vehicle as it..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Indefeasible right of an accused to seek statutory bail u/s 167(2) Cr.P.C. arises only if charge sheet is not filed before expiry of statutory period - Accused cannot demand release on default bail on the ground that cognizance has not been taken before the expiry of 60 days...........
