Criminal Procedure Code - Return of Property - Precedents

1. ALL INDIA REPORTER 2003 – Page 638 – SUPREME COURT

Criminal Procedure Code, 1973 - Section 451 - Indian Penal Code, 1860 - Section 429, 420, 465, 468, 477(a), 114 - Property in custody disposed during pending cases - Various articles kept at police station for long period were alleged - Misappropriation of cash - Replacement of muddamal articles with spurious ones - For evolving suitable procedure to prevent misappropriation and replacement, court directions were sought - Held, for disposal of muddamal articles, some broad guidelines and procedures to be followed - Directing magistrates to ensure powers under s. 451 are property and promptly exercised - Articles kept in the police stations not more than fifteen days to one month in any case - Rules framed by high court to be supervise by high court registry and its property implementation. 

2. 2010(6) SUPREME COURT CASES – Page 768

Criminal Procedure Code, 1973, Sections 451,457 -Motor Vehicles Act, 1988, Section 158(6) - Central Motor Vehicles Rules, 1989, Section 159 - Motor Vehicles - Seized vehicles involved in commission of various offence - National waste while in custody of Police - Contention that earlier direction issued by the Apex Court in Suderbhai Ambalal Desai case are not complied with by the prosecuting agency - Considering the mandate of Section 451 read with Section 457 Cr.P.C. further direction with regard to seized vehicle given.

3. 2011(1) MADRAS WEEKLY NOTES (Criminal) – Page 437

Criminal Procedure Code, 1973 (2 of 1974), Section 451 – Return of Vehicles and sale thereof – Petitions seeking grant of permission to sell vehicles seized by Police in connection with Criminal cases – Contention, placing reliance on Apex court decision in Sunderbhai Ambalal Desai, that it was not necessary to hold vehicles at Police Stations and courts till trial in cases were completed – That, vehicles held at Police stations and court campuses are allowed to rust – Following Apex court decision, held return of vehicles and permission for sale should be general norm – Evidence relating to vehicles can be held in altered form – causing of photographs and resort to videography together with recording such evidence as befits a particular case would well serve purpose – Where return of vehicles is sought and claim is highly contested, resort to sale of vehicle and credit of proceeds in fixed deposits pending disposal of case would be to common good – None gain when mere shell or remnants of vehicles returned after completion of trial – criminal courts directed to follow decision of Apex court in Sunderbhai in true letter and spirit.

4. 2012(2) CURRENT TAMILNADU CASES – Page 549

Criminal Procedure Code, 1973 (2 of 1974), Section 451 & 452 – Release of Vehicles involved in crimes – Accused filed petition to release lorry involved in crime pending trial – Judicial Magistrate dismissed petition on ground that lorry was materially needed during course of trial and investigation – Whether principle laid down by Supreme court in Sunderbhai case for release of vehicles can be extended in respect of petitions filed by Accused persons seeking custody of vehicles – Whether secondary evidence can be permitted to lead in lieu of production and marking of vehicles – Held, power of confiscation provided under criminal procedure code is not meant to be used as exercise of penal power – Confiscation cannot be ordered as measure of punishment – In absence of any specific provision of law providing for confiscation of vehicles order confiscating vehicles would amount to imposing second punishment not having sanction of law – Routinely ordering confiscation of property involved in crime by trial courts without any enquiry is not proper – Vehicles should be returned to its owner even if such persons are accused – Power of confiscation provided in Section 452 of Cr.P.C – Trial courts should make all efforts to avoid holding of vehicles at court and police stations and dispose of petition seeking return of vehicles forthwith – Trial courts shall take best efforts to return vehicles involved in crimes to owners of vehicles after causing necessary Photographs and Panchnama – Directions issued to all Sessions/Metropolitan/Judicial Magistrate to adhere procedure laid in Judgment.

Exclusion of time - RULING BY SUPREME COURT

(2012) 2 MADRAS LAW JOURNAL – Page 637 – SUPREME COURT

Limitation Act (36 of 1963), Section 15(2) – Limitation – Suit for recovery of money – Dismissal of suit by trial court on ground of bar of limitation – Exclusion of time required to be given for notice under section 15(2) – Period of notice mandatorily excluded for computation of limitation, provided notice given within limitation period – Suit within period of limitation.

Order 17 Rule 2 & Order 18 Rules 4 & 5 of CPC - RULING BY SUPREME COURT

(2012) 2 MADRAS LAW JOURNAL – Page 595 – SUPREME COURT

Order 17 Rule 2 and Order IX Rule 7 of CPC – Non-appearance of parties – Suit for declaration and permanent injunction – Non-examination of plaintiffs witnesses by defendants despite getting opportunity – Right of defendants to cross-examine close by trial court – Non-appearance of defendants or counsel on next dates – Exparte proceedings against defendants – Legality of – Plaintiffs counsel heard and suit closed for pronouncement of judgment – Evidence of plaintiff un-rebutted and unchallenged – No question of further proceedings once suit closed for pronouncement of judgment – Order 9 Rule 7 not applicable – Trial court justified in ordering suit to proceed exparte for disposal in case both parties or either of parties fail to appear as in Order 9 – Decreeing of suit by trial court, not illegal.

Order 18 Rules 4 & 5 – Recording of evidence – Examination-in-chief of witnesses through affidavits – Whether to be treated as evidence without entry of deponent into witness box and confirmation of contents of affidavits – Examination-n-chief by means of affidavit, always sworn before oath commissioner/Notary – Witnesses not required under Order 18 Rule 5 to enter witness box for production of his affidavit and formally prove it in appealable cases, as he is required to enter witness box in cross-examination – Examination-in-chief of witness in form of affidavit entitled to be treated as evidence.

Sachin Tendulkar's 100 Hundreds: The Chronology

What, where and when of Tendulkar's centuries

Finally Tendulkar takes the monkey of his back

Tendulkar scores landmark century of centuries

Tendulkar, who is now in the 23rd year of his international career had been searching for this century since 12 March 2011.

• Print

Sachin Tendulkar scored his 49th one-day century and the 100th ton of his illustrious international career against Bangladesh at Dhaka in the fourth match of the Asia Cup today.

Tendulkar, who is now in the 23rd year of his international career had been searching for this landmark century since 12 March 2011.

India lost the wicket of Gautam Gambhir in the sixth over of the match when Shafiul Islam clean bowled the left-handed opening batsman; but Tendulkar and Virat Kohli (66) then added 148 runs for the second wicket.

Tendulkar scored his half-century in 63 balls with a lofted drive over extra cover off Shakib Al Hasan; this was also his first 50 since the 85 he scored against Pakistan in the semi-finals of the 2011 World Cup. Tendulkar, who was the first batsman to score a double century in ODIs, reached the three-figure mark when he took a single from a Shakib Al Hasan delivery in the 44th over of India's innings. He took 138 deliveries to score his century, which is one of his slowest in ODIs, but the occasion was so historic that it
shouldn't take the sheen off the landmark.

He celebrated the landmark by glancing at the sky and pointing to the Indian flag on his helmet before he was embraced by Suresh Raina, who was with him in the middle at the team. The Bangladesh players also ran up to congratulate Tendulkar on his achievement even as the crowd went into raptures.

Tendulkar scored 114 from 147 balls before he was caught behind off Mashrafe Mortaza's bowling in the 47th over of India's innings which ended at 289-5 in their allotted 50 overs.

Talking to Neo Cricket after India's innings, Tendulkar said it has been a tough phase for him even though he started the season batting reasonably well. Tendulkar said the hype around his 100th international century was started by the media and he was asked about it wherever he went - be it restaurants, hotels or ordered room service. He conceded the moment hadn't sunk in yet, and added: "Dreams do come true. I had to wait for one for 22 years (to win the World Cup)."

India's Prime Minister Manmohan Singh was amongst the first to wish Tendulkar and said he has made the country proud. "Tendulkar's long career has been a triumph of class, character and courage. I wish him many more innings and feats to continue inspiring the youth," Singh said in a press release.

Tendulkar was also congratulated by ICC Chief Executive Haroon Lorgat said he is a marvel to cricket lovers around the world, adding he is a true role model. "On behalf of every cricket fan around the globe I congratulate Sachin on becoming the first person to score 100 centuries for his country. This is indeed a magnificent feat and not likely to be easily emulated," Lorgat was quoted as saying in an ICC release.

Lorgat also said: "Like millions of others I have personally followed his career ever since he first played for India as a gifted 16-year-old and now, more than two decades later, his passion and personal records, which include more than 33,000 runs at international level, is a modern day wonder."

Tendulkar scored his first international century - 119* - against England at Old Trafford in August 1990; while his first ODI century (110) came against Australia at Colombo on 9 September 1994.

He scored the 99th century of his career against South Africa at Nagpur during the 2011 World Cup, but had failed to get to the three-figure mark in his last 33 innings; which included away Test series in England and Australia; a home Test series against West Indies and the Commonwealth Bank tri-series in Australia.

Tendulkar scored 12 centuries in 1998 - the most he has in a year in his career. He has scored eight centuries in three different years (1996, 1999 and 2010).

Tendulkar, who is the most capped player in Tests and ODIs, holds an array of batting records including for the most runs and centuries scored in those two formats of the game.

In his 188 Tests, Tendulkar has scored 15470 runs, including 51 centuries; and in his 462 ODIs, the batting maestro has scored 18,374 runs, including 49 centuries.

Tendulkar has scored 1000 or more runs in a calendar six times - 1997, 1999, 2001, 2002, 2008, 2010. He has also scored 1,000 or more ODI runs in a calendar year seven times - 1994, 1996, 1997, 1998, 2000, 2003 and 2007.

courtesy: www.yahoo.com

Prohibition of Child Marriage Act, 2006

2012(1) TAMILNADU LAW NOTES JOURNAL (Civil) – Page 260

Prohibition of Child Marriage Act, 2006 – Section 3 and 12 – If a minor child is taken or enticed out of keeping of the lawful guardian and by force compelled or by any deceitful means induced to go through a form of marriage, the said marriage will be void – though Section 11, 12(c), and 13(2) (iv) of the Hindu Marriage Act will not come to the rescue of the appellant/wife, she is protected under Section 3 of the Prohibition of Child Marriage Act, 2006 - Section 13(2)(iv) of Hindu Marriage Act 1955 requires an amendment by substituting the age 18 years to 15 years, so that in a voidable child marriage, the child or her guardian can have an option either to invoke the Hindu Marriage Act 1955 or the Prohibition of Child Marriage Act, 2006.

AVOCADO

Natural Wonders: Avocado

By Mdhil | Mdhil – Tue 6 Mar, 2012 10:18 AM IST

• Email
• Print

RELATED STORIES

• Enlarge Photo
  Natural Wonders: Avocado

This creamy flavour-filled fruit is a powerhouse of nutrients. It helps fight cancer, keeps your heart healthy and can also delay aging.

Avocado, a powerhouse of nutrients!

Avocado and its nutrients:

Avocados are getting popular as your neighbourhood fruits vendor too has begun to stock them. This creamy, delicious fruit contain many essential nutrients such as folic acid, potassium, fibre, vitamin E, B-vitamins. In addition this fruit is known as a nutrient-booster as it aids better nutrient absorption.

Health benefits of avocados:

Protection against oral cancer: Research suggests that certain compounds in avocados manage to seek out pre-cancerous and cancerous oral cancer cells and destroy them, without causing any harm to healthy cells.

Keeps breast cancer away: Avocado also helps prevent breast cancer. Like olive oil, this fruit is high in oleic acid, which according to many studies is known to prevent breast cancer.

Protects against prostate cancer: Avocado also inhibits the growth of prostate cancer.

For a healthy heart: Studies show that people who eat foods rich in folate have lesser chances of developing health diseases. A cup of avocado meet b23% of the recommended value of folate, so make it a part of your daily diet to keep heart diseases at bay. Additionally, avocado contains good amounts of vitamin E, monounsaturated fats and glutathione, which are good for you heart.

Prevents stroke: This fruit contents high amounts of folic acid, which as per various studies is known to help prevent strokes.  

Lowers cholesterol: This fruit is high in a compound called beta-sitosterol, which studies say can lower cholesterol. Another compound, oleic acid is also known to help in lowering cholesterol.

Nutrient-booster: Avocados help greatly enhance your body’s ability to absorb the health-promoting carotenoids (organic pigments like lycopene and beta carotene) from vegetables. So add some slices of this yummy fruit to your salad and reap its benefits.

Source of vitamin E and antioxidants: Avocados are rich in vitamin E and an antioxidant called glutathione, both these help protect the body against damage from free radicals.

For healthy eyes: Avocados have more of the carotenoid lutein in comparison to any other popular fruit. This compound is known to protect eyes from muscular degeneration and cataracts, both age-related eye diseases.

courtesy: www.yahoo.com