Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Court should not be more serious while exercising jurisdiction u/s 85(3) Cr.P.C and it shall not be used mechanically to defeat valuable right over property, especially when accused appeared or arrested within two years from date of attachment...........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Vesting of property with State government u/s 85(2) Cr.P.C should be understood not as complete, but as an enabling provision for purpose of selling property as envisaged under said section till expiry of 2 years mentioned in S.85(3) Cr.P.C and it may become absolute only on expiry of two years -..........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Release of attached property - Denial - Case records were not traced without which an order passed dismissing application that too without knowing real impact of S.85 CrP.C - Accused was acquitted after order of attachment and he passed away later on - Issue whether accused appeared within two years and had shown..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 209 capsules weighted 125.72 gms - Recovery did not take place directly from petitioner - Main accused from whom police had recovered the capsules for which petitioner stands arraigned as co-accused already released on bail - Merely..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Extension of time - Executing Court has no authority or jurisdiction to extend period to deposit balance amount of purchase money, as provision of O.21.R.85 CPC is mandatory in nature and balance amount ought to have been deposited within 15 days...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Issue of jurisdiction - Can be raised before High Court even if same was not raised before Executing Court...........
Arbitration and Conciliation Act, 1996, Section 21, 85 -- Commencement of arbitral proceedings - Date on which notice was served to other party requesting appointment of an arbitrator, is the deciding factor as to whether 1940 Act applies or 1996 Act applies - In the instant case, notice was served to respondent in 2002 as such provisions of 1996 Act would apply to..........
Arbitration and Conciliation Act, 1996, Section 85, 31(7)(b) -- Applicability of Act - Rate of interest - Proceedings in question commenced in 1999 and were conducted in accordance with Act of 1996, though agreement was earlier to date of coming into force of Act of 1996 - Provisions of arbitration Act 1940 including State Amendment to S.24 Para 7-A of said Act will have..........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - No formal application is required to be filed for getting attachment lifted u/s 85(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Once purpose of issuing attachment is achieved, Magistrate to withdraw attachment and restore the property...........