AI Overview...
- Sealing of Immovable Property - Main Points and Insights
- The general understanding is that under Section 102 of the Cr.P.C., police have the authority to seize movable property, but not to seize or seal immovable property. Several judgments clarify that the power to seize is limited to movable assets; sealing or attaching immovable property is generally not within the scope of Section 102 (INDGAU00000008682, 00800045457, 01100095267).
- Some courts have explicitly held that police cannot seal or attach immovable property under Section 102, and any sealing of such property without proper legal authority is illegal (INDKER00000041995, 00800045457, 02000018769).
- In certain cases, courts have emphasized that sealing of immovable property is not contemplated by Section 102, and actions like sealing clinics or buildings have been declared unlawful when done without proper legal basis (00800045457, 02000018769).
- There are instances where courts have distinguished between seizure (which is limited to movable property) and other actions like sealing or attaching immovable property, which require specific legal provisions beyond Section 102 (INDGAU00000008682, 00100074884).
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Some judgments have discussed that the term any property does not extend to immovable property for sealing purposes under Section 102, and that the police's power is confined to actual seizure of movable assets (INDGAU00000008682, 01100095267).
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Analysis and Conclusion
- The prevailing legal position is that Section 102 of the Cr.P.C. authorizes police to seize movable property but does not empower them to seal or seize immovable property. Actions involving sealing immovable property without proper legal authority are generally deemed illegal.
- Courts have consistently held that sealing or attaching immovable property requires specific legal provisions, and such acts done under Section 102 are invalid.
- Therefore, any attempt by police to seal immovable property under Section 102 is likely to be challenged and declared unlawful unless supported by other specific legal provisions.
References: - INDGAU00000008682 - INDKER00000041995 - 00900042114 - 00500029730 - 01000007135 - 00800045457 - 01100095267 - IND_Delhi_2010_DHC_1469 - 02000018769 - 00100074884
Search Results for "102 Crpc Sealing of Immovable Property"
2024 Supreme(Online)(GAU) 6875 • India - High Court of Gauhati
MR. JUSTICE ARUN DEV CHOUDHURY, J
Cr.P.C ., includes immovable property, after dealing with different judgments and provisions of a href="./.. ... include the power to attach, seal or seize an immovable property. ... whether the expression “any property” used in sub-section (1) of section 102 a href="./..
2020 Supreme(Online)(KER) 34469 • India - High Court of Kerala
SUNIL THOMAS, J
that police powers under Cr.P.C Section 102 do not extend to the attachment or sealing of immovable property. ... Seizure - Landlord Rights - Cr.P.C Section 102 - The court held that seizure of immovable property by police under Section 102 ... Issues: Whether the seizure of the landlord's immovable#HL_END....
2019 0 Supreme(Cal) 493 • India - Calcutta
JAY SENGUPTA
immovable property. ... The court also emphasized the wide applicability of Section 102 of the Code of Criminal Procedure to seize any property, including ... Sealing of Premises - Immoral Traffic (Prevention) Act - Sections 370, 370A(2), 34, 120B of the Penal Code and Sections 3, 4, ... I find no reason to exclude an immovable property from the ambit ....
• India - Crimes
SANJAY K.AGRAWAL
(1) of the CrPC the police have no power to seal the immovable property and the word seize under Section 102 of the CrPC used under ... property under Section 102(1) of the CrPC. ... Section 102 of the CrPC would mean only actual taking possession of the movable property. ... of the CrPC#H....
2018 0 Supreme(Chh) 388 • India - Chhattisgarh
SANJAY K.AGRAWAL
- Seal the shop - Power of police officer to seize certain property - Whether exercise of power under Section 102 of CrPC, police ... Dawood (supra), it cannot be held that police officer has any such power to seal immovable property of petitioner. ... officer is empowered to seal shop of petitioner (immovable property of petitioner) - Petitioner stating that petitioner....
2018 0 Supreme(Pat) 572 • India - Patna
ASHWANI KUMAR SINGH
Ratio Decidendi: The court held that the police cannot seize immovable property under Section 102 of Cr.P.C. and that the ... Finding of the Court: The court found that the police's action of sealing the clinic under Section 102 of Cr.P.C. was ... Issues: The issues involved were the validity of sealing the clinic under Section 102#HL_END....
• India - Delhi High Court
S.MURALIDHAR
The State of Rajasthan, 1998 Cri LJ 3032 in which it was held that Section 102 CrPC did not contemplate sealing of immovable ... This Court is of the opinion that the power of the police to seize property-an expression which extends to immovable property, prima ... property.
• India - Delhi High Court
to immovable property, prima facie, appears to exist in Section 102 of the Code of Criminal Procedure ... It was found that the Respondents had not relied on Section 102 CrPC to justify the sealing
2015 0 Supreme(Jhk) 1362 • India - Jharkhand
RAVI NATH VERMA
Criminal Procedure Code, 1973---Section 102---Sealing of building---Building in question is not a stolen property---Illegality has ... been committed by company---Title of petitioner is not in dispute---Continued sealing of building is not required for any purpose ... Further, no useful purpose is going to be served by sealing of the immovable property....
2020 0 Supreme(SC) 935 • India - Supreme Court
ROHINTON FALI NARIMAN, S.RAVINDRA BHAT
property - Contrary to law - Having heard learned counsel for both sides sealing that has taken place of premises is admittedly ... Finding Of The Court : Furthermore reasoning of High Court that immovable property can be seized is contrary ... Immoral Traffic (Prevention) Act, 1956 - Section 18 - Criminal Procedure Code,1973 - Criminal Appeal - Immovable ... Furthermore, the reasoning ....
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