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Showing posts with label release of property. Show all posts
Showing posts with label release of property. Show all posts
Friday, 24 April 2020

Whether magistrate can release the vehicle seized in offence under POCSO Act?

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Offence under Pocso Act is triable by session court. As per S 25 of Pocso Act,Magistrate is given only jurisdiction to record statement of...
Sunday, 27 March 2016

When vehicle seized in forest offence should not be released on supratnama?

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 In that view of the matter, merely because the petitioner had made certain representations to the respondent-authorities for release of...
Monday, 30 March 2015

When magistrate can release property seized under essential commodities Act?

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  If the facts in the present case are analysed, it will be evident that in spite of the specific order being passed on 5th November, 19...
Sunday, 9 June 2013

Supreme Court Judgment on releasing vehicle on supratnama seized under Gujarat Animal Preservation (Amendment) Act, 2011.

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 It is true that Section 5(1) prohibits slaughtering of any animal without a certificate in writing from the Competent Authority that the a...
Sunday, 26 May 2013

Principles which Magistrate should follow for releasing Mhowa flower on Supratnama

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 The learned Judicial Magistrate  was under obligation to consider  (i) the following issues :­ Whether   the   notification   issue...
Wednesday, 15 May 2013

Whether magistrate should pass order pertaining to custody of property while considering C Summary Report?

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 In view of distinction as above, it is difficult to swallow the contention of Advocate Shri Bilolikar that earlier order dated 14.2.2002 ...
Friday, 10 May 2013

When should Magistrate not ask for the execution of surety bond for releasing property on supratnama?

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After   having   gone   through   the   facts   of   the   case   and   after hearing both the sides and particularly considering the ...

Whether magistrate can release gold ornaments on supratnama in the absence of documentation in respect of it?

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As far as respondent No.1 is concerned, it may be stated here that   it   is   the   case   of   respondent   No.1   itself   that   the  ...
Sunday, 3 March 2013

Whether Magistrate can release of vehicle on supratnama seized U/S 207 of the Motor Vehicles Act?

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 The Counsel for the petitioner, however, relied on the decision of the single Judge of the Allahabad High Court in the case of  Ram Se...
Wednesday, 20 February 2013

When magistrate should not release property seized under Essential commodities Act on supratnama?

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 Section 6-C of the Act provides that appeal can be filed against the order of the Collector. Section 6-E shows that no Court or Tri...
Sunday, 27 January 2013

Supreme Court judgment on release of currency Notes on supratnama

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In the present case the appellant asserted that it had obtained'the currency notes in the normal course of its business and wi...

When Magistrate should not release Currency notes on Supratnama?

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  Coming to the currency-notes, co-accused Parasmal again gave information on 27-8-1975 recorded in Ex. P/19. In this information Ex. P/19,...
Saturday, 26 January 2013

When court should not release seized property on Supratnama?

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  The fact that the Court has power to dispose of property seized by the police but not yet produced before the Court does not mean that th...
Friday, 26 October 2012

Bombay HC: Appellate or revisional Court must hear affected parties before the release of property on Supratnama

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 When the appellate or revisional Court wants to vary the order of disposal of the property passed under section 453 or 454 of the Code of...
Tuesday, 2 October 2012

Madhya Pradesh HC: Magistrate has no jurisdiction to release vehicle on supratnama which is seized for default of payment of motor vehicle tax

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Jurisdiction cannot be assumed where none existed. No one then can say that it is there. Intention of statute is to secure payment of tax....

Whether a court can release vehicle on Supratnama to power of attorney holder of owner of vehicle?

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Annexure-II power of attorney executed by Daisy, claiming to be the registered owner of the Crmc 3317/09 2 vehicle KL.05.V.2601 seized i...