AI Overview...
- Second Property Petition under Section 451 CrPC - Main points and insights:
- Section 451 CrPC allows for the custody and interim disposal of property pending final orders, especially in cases involving criminal offenses or confiscation (00900035420).
- A second petition under Section 451 can be filed after the first petition's dismissal if new facts or grounds arise, but courts generally scrutinize such filings to prevent abuse or unnecessary multiplicity (00200049239, 00200046726).
- Courts emphasize that procedural safeguards and proper notices must be followed; mere repetition of petitions without substantial new grounds may lead to dismissal (00200049239, 00200046726).
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The jurisdiction under Section 451 is primarily for preservation and interim measures; final disposal depends on the outcome of the main case or proceedings (00900035420).
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Legal Principles and Judicial Approach:
- Courts have held that filing a second petition under Section 451 after dismissal of the first is permissible if justified by new evidence or circumstances (00200049239).
- However, courts discourage multiple petitions to avoid delay and misuse of process; the second petition should demonstrate significant new facts or legal grounds (00200049239, 00200046726).
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The power under Section 451 is discretionary and must be exercised judiciously, ensuring that the property is preserved without prejudice to the rights of parties involved (00900035420).
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Analysis and Conclusion:
- Filing a second petition under Section 451 CrPC after the first has been dismissed is permissible but subject to strict conditions.
- The petitioner must establish new facts, evidence, or legal grounds to justify the second petition.
- Courts tend to scrutinize such petitions to prevent abuse and ensure efficient administration of justice.
- Ultimately, the decision hinges on whether the second petition demonstrates compelling reasons beyond mere repetition.
References: - 00200049239, 02100119397, 00900035420, 02100089763, 01300033743, 00400062748, 02100097651, 00200046726, 00200003748, 02100122733
Search Results for "Second Property Petiton under Sec 451 of Crpc after Dismissal of First Petition in same Court"
2018 0 Supreme(AP) 77 • India - Andhra Pradesh
B.SIVA SANKARA RAO
Writ Petition - A.P. ... from the vehicle produced before the Forest Officials initially from seizure in the crime and not before the Magistrate - Writ Petition ... to submit explanation as to why the property seized not liable for confiscation/forfeiture and from explanation to give opportunity ... and against which writ petition filed. ... When the matter is in challenge by writ petition before the Single Judge of the High Court on 29.03.2005, it set aside the order of forfeiture of ....
2016 0 Supreme(Mad) 1033 • India - Madras
R.SUBBIAH
Sections 102, 102(3), 157, 156, 159, 102(1) and 451 - Executed a settlement deed - Sale deed - Sought for dismissal of contempt petitions ... belonged to one - From said property was purchased by one and his wife vide sale deed registered as Document said - After their ... - Case is that a property situated at Old New village Sea Shore Town District as per Patta Plot measuring an extent sq.ft originally ... Therefore, he sought for dismissal of the contempt petitions.....
1988 0 Supreme(Cal) 342 • India - Calcutta
A.K.SENGUPTA
and 452 of the new Cr. ... and 452 of the new Cr. ... Ratio Decidendi: The provisions contained in the 1944 Ordinance are much more onerous than those contained in sections 451 ... first, second and third respondents being aggrieved by the issuance of Rule. ... All criminal offences are being dealt with by the State and whenever any property has been procured by means of any offence is traceable the Police takes custody of the said property and under sections #HL_S....
1999 0 Supreme(Mad) 260 • India - Madras
S.S.SUBRAMANI, P.THANGAVEL
, Cr.P.C. ... Final Decision: The Court quashed the impugned order and directed the respondent to reinstate the petitioner as First Class ... , CR.P.C. - INTERPRETATION - EVIDENCE - ERROR OF JUDGMENT - NEGLIGENCE - GOOD FAITH - BONA FIDES - PUBLIC INTEREST - HIGH COURT - ... Since the High Court is the Appointing Authority, High Court has power to pass the impugned Order. Respondent, therefore, prayed for dismissal of the writ petition#HL_....
2019 0 Supreme(Guj) 1115 • India - Gujarat
VIKRAM NATH, A.J.SHASTRI
information reports referred in the memo of this petition Finding of the Court: A detention ... restrain the respondents, their agents and servants from arresting the petitioner for preventive detention in connection with the first ... The reliefs claimed by means of this petition are reproduced below:- "a. Be pleased to admit this petition; b. ... Pending admission and final disposal of the present petition, be pleased to restrain the respondents, their agents and servants from arrest....
2019 0 Supreme(Bom) 2355 • India - Bombay
PRITHVIRAJ K.CHAVAN
be a bar for police to take legal action against persons for committing theft of sands and minerals by exercising powers under Code ... essential to meet expenses - Learned Sessions Judge may exercise his discretion and pass necessary orders in accordance with law - Petitions ... of petitioner namely Bank of India, Margao Branch to freeze accounts of petitioner and his family members – Held, Honble Supreme Court ... The said criminal writ petition came to be dismissed on 27/02/2018. The petitioner, however, sought review....
2012 0 Supreme(Mad) 1254 • India - Madras
G.RAJASURIA
for getting duly stamped will not render entire document invalid - But, though the document was maked in lower court without objections ... plaintiff in favour of ’J’ duly attested by Notary Public Power of Attorney brought to India within 3 months does not produced before court ... Mirza Abdul Gaffar that is similar to the case in hand, this Court held: (SCC pp.640-41, para 4) ... '4.As regards the first plea, it is inconsistent with the second plea. ... , who also represented the minor seco....
2015 0 Supreme(AP) 190 • India - Andhra Pradesh
R.SUBHASH REDDY, B.SIVA SANKARA RAO
against wife obtained by husband and later husband married even after waiting more than one year on and blessed with a child in the second ... wedlock on, when the first wife preferred appeal on even two years after the decree of divorce with application to condone the delay ... , without foundation for substitute service to obtain the order and also no merits in the exparte decree of divorce -Held, High Court ... regarding service of summons and as such, the exparte decree dated 24.04.2002 is not required any interference and thereby sou....
2003 0 Supreme(AP) 875 • India - Andhra Pradesh
B.S.A.SWAMY, ELIPE DHARMA RAO
- Even if party approaches High Court and suffers an adverse order prior to approach to civil Court, it would not operate ... tamperred - Aggrieved parties can maintain a suit questioning correctness of order passed by Statutory Authority in civil Court ... After the dismissal of the writ petition, the Settlement officer granted patta only for 194. 96 acres in Sy. No. 461. He has not included the lands covered by other Survey Numbers which form part of patta No. 98 as per the report o....
• India - Madras
SANJAY KISHAN KAUL, M.SATHYANARAYANAN
constituting Special Courts is also liable to be quashed, as no purpose would be served by keeping such Special Courts in existence – Petition ... Code Of Criminal Procedure, 1973 - Section 468 - Sections 2(o), 2(s), 20), 4 and 36 - Sections 2 and 4 - ... very same department constituting Special Courts in certain districts to exclusively conduct trial of land grabbing cases under Code ... Insofar as W.P.No. 18872/2011 is concerned, the Division Bench held that the writ petition is filed by a Member of the Parliament bel....
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