AI Overview...
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Section 457 CrPC - Power of Magistrate over Seized Vehicles When Insured
The courts have held that under Sections 451 and 457 of the Criminal Procedure Code, 1973, a magistrate has the authority to order the release or disposal of seized vehicles. When such vehicles are insured, the court can inform the insurance company to take possession if the vehicle is unclaimed by the owner or third parties. This ensures the vehicle's proper handling and facilitates its release to rightful claimants or the insurance company for further proceedings.
Sources: 01300027644, State of Manipur VS Wahida - Manipur, Abhay Shrenikbhai Gandhi VS State of Gujarat - Gujarat, Allanoor VS Dilip Singh - Rajasthan, United India Insurance Company Ltd. VS Talaru Ram - Himachal Pradesh -
Insurance Company as Applicant in Vehicle Seizure Cases
When a vehicle under seizure is insured, the insurance company often becomes a necessary party, especially when the vehicle is not claimed by the owner. The court may direct the insurance company to take possession of the vehicle, particularly if the vehicle is to be released or disposed of. The insurance company's involvement ensures that claims related to insurance coverage are addressed concurrently with the vehicle's custody and release process.
Sources: 01300027644, State of Manipur VS Wahida - Manipur, Abhay Shrenikbhai Gandhi VS State of Gujarat - Gujarat, Allanoor VS Dilip Singh - Rajasthan -
Legal Procedures for Release and Disposal of Vehicles
Courts emphasize the importance of following proper procedures under Sections 451 and 457 CrPC for the release or disposal of seized vehicles. When vehicles are insured, courts typically inform the insurance company to take possession, especially if the vehicle remains unclaimed. This process helps in speedy disposal and prevents unnecessary detention.
Sources: 01300027644, United India Insurance Company Ltd. VS Talaru Ram - Himachal Pradesh -
Additional Insights
- The courts have recognized the broad scope of Sections 451 and 457, including the power to release vehicles on bond or conditionally, and to inform insurance companies for their involvement.
- In cases involving insurance, the courts ensure that claims are processed smoothly, and the insurance company is notified to take possession if applicable.
- The legal framework supports the quick disposal of vehicles to prevent undue hardship, especially when insurance is involved.
Conclusion:
Under Section 457 CrPC, when a seized vehicle is insured, the court has the authority to direct the insurance company to take possession if the vehicle is unclaimed, facilitating its release or disposal. The insurance company often becomes an applicant or a necessary party in such proceedings, ensuring that insurance claims and vehicle custody are managed efficiently and in accordance with legal provisions.
Search Results for "Sec 457 Crpc when Insurance Company is Also Applicant"
2017 0 Supreme(Guj) 1844 • India - Gujarat
J.B.PARDIWALA
Criminal Procedure Code, 1973 - Sections 451 & 457 Mines and Minerals Act, 1957 - Sections 4(1), 4(1)(A) & 21-Gujarat Mineral Rules ... interim release of seized vehicle – court while quashing order by court below held that magistrate has power under Sections 451 & 457 ... If the said vehicle is insured with the insurance company then the insurance company be in-Formed by the court to take possession of the vehicle which is not claimed by the owner or a third person. ....
2019 0 Supreme(Manipur) 46 • India - Manipur
M.V.MURALIDARAN
Excise Act - Section 72 – Criminal Procedure Code,1973 - Section 451 or 457 - Confiscation - Sale Deed - ... was serving as Principal of said college during relevant period - While applying for registration of vehicle for registration had also ... time involving replacement of valuable articles retained as case property by other spurious articles misappropriation of money also ... If the said vehicle is insured with the insurance company then the insurance c....
2015 0 Supreme(Guj) 1068 • India - Gujarat
J.B.PARDIWALA
recovered and made payable to person entitled to---Impugned orders quashed and vehicle may be released and handed over to father of applicant ... Criminal Procedure Code, 1973—Section 451—Evidence Act, 1872—Section 65—Release of property—Rejection of application release of ... If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insur....
1997 0 Supreme(Raj) 391 • India - Rajasthan
SHIV KUMAR SHARMA
(Para 16 & 20)(c) Criminal Procedure Code, 1973 – Section 451 and/or 457 – The Honble court issued guide line for speedy trial – ... executing bonds for the superdigi of the vehicle the owner certain conditions may be imposed to ensure his presence – The accused may also ... Company as well. ... Virendra Agrawal, learned counsel for the respondent insurance company, on the other hand, supported the impugned judgment and canvassed that the claimant appellants can not derive benefit out ....
2015 0 Supreme(HP) 1521 • India - Himachal Pradesh
MANSOOR AHMAD MIR
the claimants were entitled to, the jurisdiction of the Tribunal to proceed with the trial, and whether the vehicle was under the insurance ... The court also discussed the scope of Sections 163A and 166 of the MV Act and the distinction between maintaining claim petitions ... A conjoint reading of the above two subsections of Sec. 163A shows that a victim or his heirs are entitled to claim from the owner/insurance company a compensation for death or permanent disablement suffered due to accident arisin....
2016 0 Supreme(Mad) 3717 • India - Madras
SANJAY KISHAN KAUL, R.MAHADEVAN
- Companies Act - Section 446 (2) - Official Liquidator - Instrument obtained by unlawful means or for unlawful consideration - Company ... in liquidation, so as to settle claims against company - Land together with building, plant and machinery was drawn for auction ... Court with participation from second respondent, second highest bidder and Maharashtra Steel Rolling Mills - Orders of the Company ... Merely because the forfeited demand drafts were issued by the applicant company which were presented ....
2016 0 Supreme(HP) 998 • India - Himachal Pradesh
MANSOOR AHMAD MIR
The court also highlighted the wide connotation of the expression 'arising out of use of motor vehicle' and the liberal approach ... A conjoint reading of the above two subsections of Sec. 163A shows that a victim or his heirs are entitled to claim from the owner/insurance company a compensation for death or permanent disablement suffered due to accident arising out of the use of the motor vehicle (emphasis supplied), without having ... This Court, while dealing with a case of similar nature in FAO No. 537 of 2008, title....
2015 0 Supreme(Mad) 918 • India - Madras
S.MANIKUMAR
Protection of Women from Domestic Violence Act, 2005 – Sections 2(b), 2(f), 2(k), 3(d)(iv), 12, 18, 19, 22 and 23(2) - Criminal ... both parties, to have 30 sovereigns of gold jewels, for Wife and 2 sovereigns of gold jewels, for the Husband - Both parties have also ... be passed under Sections 18 to 22 of Act, can be passed at the interim stage of any proceedings, which includes lumpsum payment also ... United Insurance Co. Ltd., Baroda, AIR2004 SC 2107; Maruti Udyog Ltd. v. Ramlal & Ors., AIR 2005 SC 851; Oriental #HL_....
2017 4 Supreme 6 • India - Supreme Court
PINAKI CHANDRA GHOSE, AMITAVA ROY
Income Tax Act, 1961 – Section 68 – Piercing of corporate veil – Necessary to unravel tax evasion as also ... section 13(1)(e) – Gift – Copy of bank draft of Rs.2,15,000/- produced – Record of collectors being office bearers of Party as also ... Accused persons availing services of common auditors/accountants – A1 and A2 agents for each other as partners of the two firms – A2 also ... Company from SB No.25389 of Tmt. ... P-1001, addressed to the bank by the applicant for the loan thereof, had conclu....
2022 7 Supreme 193 • India - Supreme Court
A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
(Paras 104 to 114) (H) Criminal Procedure Code, 1973 – Section 436A – Prevention of Money Laundering Act, ... (Paras 174 and 175) (K) Criminal Procedure Code, 1973 – Section 154 – Prevention of Money Laundering Act, ... for anticipatory bail – Section 436A, Cr.P.C. needs to be construed as a statutory bail provision and akin to Section 167 of 1973 ... . 22, for 'banking company or a financial institution or a company' (w.e.f. 15-2-2013, vide S.O. 343(E), dated 8-2-2013).] ... If such a construction i....
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