The state government will have the power to sell it as prescribed by the court. In the case of Ramadhar Singh R.D.Singh v. Smt. This provision avoids the early disposal of property before the case comes to finality in its appeal.The Section 452 deals with disposal of property after the conclusion of inquiry or trial. Article shared by. ------------------------------------------------------------------------------------------------------
The Section applies only when a trial or inquiry is concluded.
This is because it needs to be revised in some occasions depending on the circumstances. They are byThe court has unfettered discretion in taking appropriate decision in regard to disposal of property while considering each situation which in many a case be unique.The Section 451 of the CrPC deals with interim disposal of property before finally concluding the case.The court can make orders for interim custody of the property in respect of both:-The court however has no jurisdiction to direct disposal of any property without producing it before the court in either physical or symbolic form.
The order of the Magistrate under the Section 459 of the CrPC is appealable.If the property belonging to an unknown owner is perishable the Magistrate can order selling it.In short, the disposal of property is a matter of unfettered discretion for the court dealing with it.You can also submit your article by sending to article@lawyersclubindia.comJoin LAWyersclubindia.com and Share your Knowledge.
The court also has the power to sell the goods which are perisha… If dispossession of immovable property is not by force or intimidation, this Section cannot be used for its restoration.
16 December 2011 i filed an application under order 13 rule 9 of cpc for return of documents. Disposal of property is a subsidiary matter.The Sections 451 and 454 confer full discretion on the court for disposal of property. These provisions give the court power to dispose property after the trial has been concluded as the court thinks fit either by destruction, confiscation or by delivery to the person claiming it. But if a person takes property by using violence, the criminal court can order return of it to the person from whom it was taken.When the court orders return of property the affected party should be heard even if no provision is there under Section 452 for issuing a notice.The court can order payment of money not exceeding its price to person who purchased a stolen property innocently, as per Section 453 of the CrPC.The Section 454 of the CrPC confers independent right of appeal by an aggrieved person against orders on disposal of property under Section 452 or 453 CrPC. Reply. 1. Complainant Identefied by Counsel
i filed an application under order 13 rule 9 of cpc for return of documents. Legal provisions regarding form of warrant of arrest and duration under section 70 of the Code of Criminal Procedure, 1973. To run a fair trial, equal opportunities shall be given to both parties to access the documents related to the case. 1. They are:-Similarly, the methods for disposal of the property that a court can follow are numerous. When search warrant may be issued.
Confiscation of the property is also possible under the section when there is inquiry or trial.On the other hand if the accused is found guilty the property need not normally be returned to him despite he is the owner of it.A criminal court cannot decide a question of title to property. If the documents are marked or not it is not a fatal. 3.
Such conditional warrants are invalid.A valid warrant must fulfill the following requisites:(4) It shall bear the name and designation of the person who is to execute it;(5) It must give full particulars of name and address along with the age of the accused so as to identify him clearly;(7) It should indicate the date of issue of warrant.A warrant once issued shall remain in force until it is cancelled or executed even though it bears a returnable date. 1. B-Search-warrants 96. 9- Applicant shall abide by any direction or condition this court may pass. Registered members get a chance to interact at Forum, Ask Query, Comment etc.
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Additionally, a Permanent Resident Card with a USCIS-issued sticker extending its validity is a List A document and acceptable for Form I-9. 2. The applicant is ready to bear the cost of PW-.......reappearance in the Court.
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