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K. Palaniswamy Vs. State and Others

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 132 and 132(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 451 and 482; Prize Chits & Money Circulation Schemes (Banning) Act, 1978

Reported in : [1992]197ITR455(Mad)

special leave petition before the apex court. 4. The petitioner did not at all file any petition under section 451, Criminal Procedure Code, before the Court of the Chief Judicial Magistrate, Salem, praying for the return of the … in a bank, as per the directions of the court, it may become practically useless.Income Tax Act 1961 s.132(3)Criminal Procedure Code 1973 s.451Criminal Procedure Code 1973 s.482Janarthanam, J.1. One K. Palanisamy calling himself an authorised officer of an entity … bank accounts cannot be allowed by invoking s. 451 or s. 482, CrPC.HELD :No petition under s. 451 CrPC had been filed before the Court

Assistant Collector of Customs Vs. Shaikh Abdul Karim

Court : Mumbai

Subject : Customs

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 41, 42, 43, 51, 52, 52(2), 53, 55 60, 60(3), 61, 62, 63(2) and 63(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457, 457(1) and 482

Reported in : 1990(47)ELT505(Bom)

is as follows :'Section 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures - The provisions of … Gupte further submitted that the Act provides for seizure and arrest, and to that extent the provisions of the Criminal Procedure Code will not apply at all. In this connection he relied upon sections 41, 42, 43, 51, 52, 53 … be confiscated ultimately. He further submitted that Section 451 of the Cr.P. Code or for that matter Section 457 of the Cr.P. Code will have … conveyance, or vehicle pending the trial, which vehicle is liable to be confiscated ultimately. He further submitted that Section 451 of the Cr.P. Code or for that matter Section 457 of the Cr.P. Code will have no application

P. Swarupa and Etc. Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Constitution of India - Article 47; Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 452 and 482

Reported in : 1996CriLJ2607

goods by the Court but only to confiscation. Section 23 of the Act provides that the provisions of Criminal Procedure Code, 1973 as regards arrest, detention, search, summons, warrants, production of persons arrested and disposal of things seized, shall … Rao, : 1986CriLJ357 contended that the provision under Section 452 of the Code of Criminal Procedure is general in nature and it has to yield … the petitioners under the A.P. Prohibition Act, 1995 and also under the A.P. Excise Act, 1968, that under Section 451 of Cr.P.C., the Magistrate has got jurisdiction to order release of the vehicles in favour of the petitioners

Mangharam and Sons Vs. R.C. Morzaria and anr.

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 451 and 457; Motor Vehicles Act

Reported in : ILR1984KAR923

excessive.4. The Court below has dealt with these rival claims as the ones arising under Section 457 of the Criminal Procedure Code, 1973. During the course of the arguments it was Submitted that the police, who had seized the Truck … claims as the ones arising under Section 457 of the Criminal Procedure Code, 1973. During the course of the arguments it was Submitted that the … applicable to all cases where there is no enquiry or trial pending. The powers of the Courts under Section 451 are somewhat limited than in the case of Section 457. Section 451 mainly speaks of the proper custody

Multani Hanifbhai Kalubhai. Vs. State of Gujarat and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 279, 114; Motor Vehicles Act(MV), 1988 - Sections 184, 177, 192; Code of Criminal Procedure (CrPC), 1973 - Section 451; Gujarat Animal Preservation (Amendment) Act, 2011 - Section 6B(3)

1860 - Sections 279, 114; Motor Vehicles Act(MV), 1988 - Sections 184, 177, 192; Code of Criminal Procedure (CrPC), 1973 - Section 451; Gujarat Animal Preservation (Amendment) Act, 2011 - Section 6B(3) -- A person may make an … filed an application being Criminal Misc. Application No. 9 of 2012 under Section 451 of the Code of Criminal Procedure, 1973 (in short “the Code”) for the release of his Eicher truck before the Judicial Magistrate, First Class,

B.S. Rawant Vs. Shaikh Abdul Karim and Another

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457, 457(1) and 482

Reported in : 1989(2)BomCR209

is made absolute accordingly.17. Order accordingly. Criminal - confiscation of vehicle - Sections 451, 457 and 482 of Criminal Procedure Code, 1973 - customs intercepted taxi containing brown sugar and heroine - accused who was driver and sole occupant … are not applicable, Section 51 of the NDPS Act, 1985 is as follows :'Section 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures. - The provisions of the Code

State of M.P. and ors. Vs. Madhukar Rao

Court : Supreme Court of India

Subject : Environment

Acts : Wild Life (Protection) Act, 1972 - Sections 39, 39(1), 42, 43, 44, 49, 50, 50(1), 50(2), 50(3A), 50(4), 51, 51(4), 53 and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 360 and 451; Wild Life (Protection) (Amendment) Act, 1991; Karnataka Forest Act, 1963; Delhi Special Police Establishment Act; Probation of Offenders Act, 1958

Reported in : 2008(2)ALD63(SC); [2008(2)JCR86(SC)]; JT2008(1)SC364; 2008(2)KLT105(SC); 2008(1)SCALE231; 2008AIRSCW787; 2008(2)ICC175

to direct its release during the pendency of trial in exercise of powers under Section 451 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). On behalf of the appellant, the State of … the Section 50(1)(c) of the Act by directing the release of vehicle during pendency under Section 451 of the Criminal Procedure Code - Appellant contended that amendment to Section 50 and 39(1)(d) made interim release of vehicle impossible - Held,

Sunil Gogoi Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 61; Code of Criminal Procedure (CrPC) (Crpc), 1973 - Sections 451 and 457

provisions of Section 61 of the Act as well as Sections 451 and 457 of the Code of Criminal Procedure is relevant and accordingly the provisions of law laid down in those Sections are extracted hereunder, Section 61 … to the provisions of Section 61 of the Act as well as Sections 451 and 457 of the Code of Criminal Procedure is relevant and accordingly the provisions of law laid down in those Sections are extracted … Act clearly envisages that the provisions of the Code of Criminal Procedure, 1973 shall be applicable insofar as they are not inconsistent with the provision

Bharat Amratlal Kothari Vs. Dosukhan Samadkhan Sindhi and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Cruelty to Animals Act, 1960 - Sections 11(1) and 35(4); Bombay Animal Preservation Act, 1954 - Sections 5, 6 and 8; Indian Penal Code (IPC) - Sections 34, 279, 395, 427 and 506(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457 and 482; Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908

Reported in : AIR2010SC475; 2010CriLJ379; JT2009(14)SC102; 2009(13)SCALE563; (2010)1SCC237

of final disposal of the trial and not at interim stage when the court hears an application under Section 451 read with Section 457 of the Code of Criminal Procedure, 1973 for interim custody of the muddammal. Direction … Court to quash the complaint in exercise of inherent jurisdiction of a High Court under Section 482 of the Criminal Procedure Code. Probably, these submissions of Additional Public Prosecutor had prompted the learned Single Judge to examine the question whether … the alleged commission of offences punishable under Section 279 of Indian Penal Code, Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 and

Oma Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Subject : ConstitutionExcise

Acts : Rajasthan Excise Act, 1950 - Sections 4 to 9, 9A, 9B, 54, 57A, 57B, 69 and 69(4) to 69(9); Rajasthan Excise (Amendment) Ordinance, 2000 - Sections 54A; Rajasthan Excise (Amendment) Act, 2000; Indian Penal Code (IPC), 1860 - Sections 41; Evidence Act; Essential Commodities Act, 1955 - Sections 3, 6A, 6A(2), 6B, 6E and 7(1); Karnataka Excise Act, 1965 - Sections 43A and 43B; Tamil Nadu Excise Act, 1971 - Sections 4 and 14A; Uttar Pradesh Excise Act, 1910 - Sections 72; Andhra Pradesh Excise Act, 1968 - Sections 46 and 46A; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5, 9, 451 to 457 and 482; Constitution of India - Articles 14, 19, 20, 21, 226, 227, 246(3), 254, 300A and 301

Reported in : JT2008(6)SC290; 2008(7)SCALE158; (2008)5SCC502; 2008AIRSCW3595; 2008(5)SCC502; 2008(3)Supreme207; 2008(4)LH(SC)2575

provisions of Sections 451 to 457 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C'), the criminal court has jurisdiction to release any … the President those are ultra vires;2. the amended provisions are repugnant to the provisions of the Code of Criminal Procedure and the Code of Civil Procedure;3. The amended provisions confer unguided powers on the Excise Authorities;4. By Section … assent of the President those are ultra vires;2. the amended provisions are repugnant to the provisions of the Code of Criminal Procedure and the Code of Civil Procedure;3. The amended provisions confer unguided powers on the Excise