Skip to content


Judgment Search Results Home > Cases Phrase: disposal of property criminal Page 1 of about 50,821 results (0.066 seconds)

Oct 08 1985 (HC)

Silver Audio Systems Vs. Associated Electronic and Electrical Industri ...

Court : Karnataka

Reported in : ILR1986KAR217

..... the order impugned is unjust and improper liable to be reversed.12. chapter xxxiv of the code of criminal procedure deals with disposals of property. section 451 provides for custody and disposal of property pending enquiry or trial in certain cases. section 452 deals with disposal of property at the conclusion of the enquiry or trial. section 457, which is very relevant for our purpose, ..... deal with them under section 452.22. the scheme of chapter xxxiv of the criminal procedure code relating to disposal of property as appear from a close reading of the relevant provisions shows that the disposal of property may arise at three different stages and circumstances. where any property is produced before a criminal court during any enquiry or trial, the court may make an order as ..... and the officer concerned makes a report to the magistrate about such seizure and such property is not produced before the criminal court during an inquiry or trial is to make an order as he thinks fit respecting (1) the disposal of such property; (2) the delivery of such property to the person entitled to the possession thereof ; and (3) if such person ..... officer is reported to a magistrate under the provisions of this code, and such property is not produced before a criminal court during an inquiry or trial, the magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be .....

Tag this Judgment!

Aug 08 2002 (HC)

Sawai Madhopur Oil and Pulse Industries and ors. Vs. State of Rajastha ...

Court : Rajasthan

Reported in : 2001(3)WLC419; 2003(1)WLN255

..... excise act is a state piece of legislation. sections 451 and 457 of cr.p.c. clearly deal with the disposal of property involved in a criminal trial. similarly, section 69(4) of the rajasthan excise act also deals with the disposal of the property involved in a criminal offence, the state legislation empowers the officers of the excise department to wholly deal with the ..... by the personnel belonging top the customs and central excise departments under the provisions of the customs act, 1962, the disposal of the properties so seized is permissible only under the machinery provided therein and not otherwise and the criminal court therefore has no jurisdiction or requisite power either to order for interim custody of such seized articles pending inquiry or ..... of the penal code.42. section 451 of the code of criminal procedure deals with order for custody and disposal of property pending trial in certain cases. the said section reads as follows:451. order for custody and disposal of property pending trial in certain cases,--when any property is produced before any criminal court during any inquiry or trial, the court may make such ..... officer is reported to a magistrate under the provisions of this code, and such property is not produced before a criminal court during an inquiry or trial, the magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be .....

Tag this Judgment!

Aug 19 1982 (HC)

Union of India (Uoi) Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1983(13)ELT895(Raj); 1982WLN(UC)247

..... the section would have been different. the omission of casting duty on the magistrate in section 110(2) of the act indicates that the exercise of powers by criminal courts regarding disposal of property as per provisions of the general enactments was not meant to be curtailed by the provisions of this act.17. in view of the above discussion regarding the facts ..... the other hand, mr. mathur's emphasis is that this provision does not curtail the powers of the magistrate to proceed according to the provisions relating to the disposal of the property involved in a criminal case. mr. mathur also contended that in the judgment against co-accused gangsingh, passed on 7-7-75, also there was the order for the return of ..... police officer. it cannot be said to be mandate to the magistrate to act in a particular way so as to curtail his powers under the code regarding the disposal of the property involved in the case. to think otherwise would amount to reading in between the lines.15. mr. vyas next contended that even if the provisions of section 110 (2 ..... . trial proceeded against the remaining three accused and they were held guilty and sentenced by the judgment dated 28-3-81. the learned magistrate heard the parties regarding the disposal of the property. the learned counsel for the complainant and the learned assistant public prosecutor prayed that the articles recovered during the course of investigation may be returned to the complainant. on .....

Tag this Judgment!

Apr 02 1962 (HC)

Sheo Dan Vs. Pir Dan and anr.

Court : Punjab and Haryana

Reported in : AIR1963P& H167; 1963CriLJ467

..... with the 'supplementary provisions' like public prosecutors, bails, commission for examining witnesses, special rules of evidence, bonds, disposal of property, transfer of criminal cases, irregularity of proceedings and miscellaneous matters. chapter xliii which concerns itself with the subject of disposal of property begins with section 516-a and concludes with section 525. the first section deals with the interim custody of ..... property produced before a criminal court in certain cases and section 517 with final orders for the disposal of property at the conclusion, of trial.section 518 empowers the court ..... instead of passing an order under section 517 to direct delivery of the property to the district magistrate or to a sub-divisional ..... :--'517(1). when an enquiry or a trial in any criminal court is concluded, the court may make such order as it thinks fit for the disposal by destruction confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before it or in its custody or regarding .....

Tag this Judgment!

Feb 12 1974 (HC)

Bombay Cycle and Motor Agency Ltd. Vs. Bhagwanprasad Ramragubir Pandey

Court : Mumbai

Reported in : (1974)76BOMLR612

..... any offence under that act, the application of section 517 so far as confiscation is concerned is excluded. when, therefore, in cases under the act a criminal court passes an order disposing of any such property by confiscation it does so under section 517 of the code read with section 99 of the act. so far as the argument regarding the absence of ..... lying in police custody even today. further it is common ground that after this application was rejected, at the time of passing the final order regarding the disposal of the property under section 517 of the criminal procedure code read with b. 99 of the bombay prohibition act, 1949, no notice was issued to the present applicant, much less, it was heard by the learned ..... 99 of the act and therefore question of notice does not arise. it is no doubt true that section 517 of the code also enables a criminal court to make an order for the disposal of such property by confiscation. it is also true that it does not refer specifically to any notice to be given to a claimant or he being required ..... the first question that arises for consideration is, whether the present application for setting aside the order of disposal of property passed by this court in criminal appeal no. 499 of 1970 and criminal revision application no. 320 of 1970 is maintainable under section 561a of the criminal procedure code. the learned counsel mr. vyas appearing on behalf of the applicant has contended that all that he .....

Tag this Judgment!

Sep 04 1989 (HC)

State of U.P. and anr. Vs. Sri Ram Baboo Kesari and ors.

Court : Allahabad

Reported in : 1990CriLJ87

..... order as he thinks fit, respecting the disposal of the property. the general provision of section 452 of the code with regard to disposal of property by a criminal court such as by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof and that of section ..... procedure of trial have been given in the forest act (a special act), section 5 of the code cannot prohibit the criminal courts from applying provisions of criminal p.c. with regard to orders of interim custody, orders of final) disposal of property at the time of conclusion of trial and procedure for trials and appeals, revisions and references.30. then there are sections ..... 457 investing a magistrate to make an order for disposal of property seized by a police officer and not produced before a criminal court during an inquiry or trial, must necessarily yield where a statute makes a special provision with regard to forfeiture of any ..... the inquiry or trial, the court may also under section 452 of the code make an order for the disposal of the property produced before it and make such other directions as it may think necessary. where the property is not produced before a criminal court in an inquiry or trial, the magistrate is empowered under section 457 of the code to make such .....

Tag this Judgment!

Apr 19 1994 (HC)

Kailash Chand and anr. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1995MP1

..... been amended. where the magistrate receives a report (evidently under section 52(2), i.e. where immediate criminal prosecution is intended), the magistrate shall take measure for arrest and trial of the offender and disposal of the property, provided that disposal of property cannot be made if intimation under section 52(4) has been received. liability to confiscation upon conviction of ..... confiscation proceedings. the production or report is to be made before the authorised officer and if immediate launching of criminal proceedings is intended the report is to be sent to the magistrate concerned. the power of the criminal court regarding disposal of property is made subject to the jurisdiction of the authorised officer with regard to that aspect, the jurisdiction of ..... criminal court in regard to arrest and trial of the offender is unaffected. it is affected only in regard to disposal of property.10. point no. (i): the first contention urged is that the provisions relating to the scheme of confiscation by ..... p.c. as in such a contingency, the scheme providing for confiscation proceeding does not apply. the jurisdiction of the magistrate to pass order regarding temporary custody or disposal of property is taken away only in cases where confiscation proceeding is initiated, followed by intimation. the ban on jurisdiction is partial and not total or absolute. therefore, the .....

Tag this Judgment!

Oct 31 1985 (SC)

Divisional Forest Officer and anr. Vs. G.V. Sudhakar Rao and ors.

Court : Supreme Court of India

Reported in : AIR1986SC328; 1986CriLJ357; 1986(1)Crimes313(SC); 1985(2)SCALE897; (1985)4SCC573; [1985]3SCR680; [1985]Supp3SCR680

..... order as he thinks fit, respecting the disposal of the property. the general provision of section 452 of the code with regard to disposal of property by a criminal court such as by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof, and that of ..... section 457 investing a magistrate to make an order for disposal of property seized by a police officer and not produced before a criminal court during an inquiry or trial, must necessary yield where a statute makes a special provision with regard to forfeiture of any ..... the inquiry or trial, the court may also under section 452 of the code make an order for the disposal of the property produced before it and make such other directions as it may think necessary. where the property is not produced before a criminal court in an inquiry or trial, the magistrate is empowered under section 457 of the code to make such ..... property and its disposal. in the instant case, admittedly, the illicitly felled teak trees seized by the forest range officer, adilabad were produced by him before the divisional forest officer, hyderabad .....

Tag this Judgment!

Sep 05 1969 (HC)

M.V. Ramankutty Vs. State

Court : Kerala

Reported in : AIR1970Ker191; 1970CriLJ1103

..... is of considerable importance. there is some judicial controversy in the matter; and it, therefore, requires examination. chapter xliii in the code of criminal procedure deals with disposal of property by a court. section 516a, criminal p. c., relates to property regarding which an offence appears to have been committed or which appears to have been used for the commission of an offence, and produced ..... ) of the code.' the learned judge set aside the order of the magistrate, and directed him to proceed with the application for the return of the property and dispose of the same as required by section 523, criminal p. c., even in the absence of any police report regarding its seizure. i respectfully agree with the views expressed in the above decision regarding ..... the police have already handed over the properly to a person who claimed it, though the disposal by the police was wrong. the direction to produce the property in court for being disposed of under section 523, criminal p. c. would indicate an assumption that the production of the property in court is necessary for passing the necessary orders under this section. in my opinion ..... . in that case the learned judge took the view that section 523 applied only to property seized by the police under section 51 or section 550, criminal p. c. he further held that it was for the police, who had seized the property under section 165, criminal p. c. to dispose of it on their own responsibility; and that a magistrate was not concerned with .....

Tag this Judgment!

Aug 21 1981 (HC)

D. Shanthalakshmi and ors. Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : AIR1983Mad232; (1983)IIMLJ7

..... , 31-c and now art 300-a of the constitution of india. it was further submitted that s. 14 (4) overrides the provisions in the code of criminal procedure, in respect of disposal of property pending disposal of cases as also the inherent powers vested in the high court, under s. 482, cr. p.c. it was also contended that s. 14 (4) offends ..... case wherein the seizure is being questioned. it is a case in which the court is prohibited form passing any orders regarding the disposal of the property till the case is disposed of and that is being questioned.69. in the criminal procedure code, under s. 93 provision is made as to how a search warrant has to be issued section 102, cr.p.c. gives ..... . the madras list, that is, entry 8 of list ii of the seventh schedule to the constitution. it overrides the provisions under ss. 451 and 482 of the code of criminal procedure, dealing with disposal of property and the inherent powers of the high court.section 451, cr. p.c. reads as follows :-'451 order for custody and ..... police officer is reported to a magistrate under the provisions of this code, and such property is not produced before a criminal court during an enquiry or trial, the magistrate may make such order he thinks fit respecting the disposal of such property, or the delivery of such property to the person entitled to the possession therefore or if such person cannot be ascertained respecting .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //