Analysis and Conclusion:
The transfer of seized property between courts or cases is permissible and often necessary for effective investigation and justice, provided it adheres to legal standards and procedural safeguards. Seizure must be justified by a clear nexus to criminal activity, and transfers should comply with statutory requirements. Judicial oversight ensures that property transfers and seizures uphold principles of natural justice and legality, preventing abuse and ensuring fair proceedings.
law and that the transfer of seized property from one case to another was justified. ... It also found that the transfer of seized property from one case to another was justified. ... Whether the property seized in one case can be transferred to another case. ... Immovable property cannot, in its strict sense, be seized, though documents of title etc., relating ....
Court to the credit of another suit. ... in the custody of another Court of co-ordinate jurisdiction. ... to the credit of another suit. ... pass decisions touching the property, in short, transfer jurisdiction over the property to that Court. ... of another Court. ... That principle is that whenever property has been seized by an officer of the Court#....
and transfer same to another Special Court functioning at the station - As regards second ground, it was prayed by present Applicant ... some gold and silver ornaments, cash and other articles - It was found that present Applicant had owned disproportionate property ... informant o officials of Anti- Corruption Bureau, after obtaining a search warrant, conducted a raid in house of present Applicant and seized ... From the above observation, it is clear that even if trial has commenced, the Sessions Judg....
In fact even another suit to seek redemption would be maintainable-Right to redemption exist at all times but before confirmation ... -Whether there is any time limit in the case of a usufructuary mortgagor to get his property redeemed? ... recover possession-Right will arise only after rents and profits derived by the mortgaged out of the usufruct of the mortgaged property ... Hon ble Supreme Court in Narandas Karsondas v. S.A. Kamtam and another, AIR 1977 SC 774, was seized of a ques....
lack of natural justice and inconvenience - Court upheld the transfer, emphasizing the necessity for coordinated investigation due ... (Paras 7, 10) ... ... Ratio Decidendi: The court ruled that the transfer under Section 127 was ... of natural justice and if the necessity for a coordinated investigation justified the transfer of cases. ... Principal Commissioner of Income-tax reported in [2023] 152 taxmann.com 340 (Bombay), when transfer was ordered to transfer the....
The Court held that while the freezing of the account was generally justified, the petitioner was allowed to withdraw funds unrelated ... satisfy the description of “property” and (iii) absence of nexus between the seized property and the alleged offence. ... seized. ... that the property which was seized could not have given rise to suspicion concerning the commission of a crime and thereby justify the seizure. ... [Provided that where the property ....
Mere filing of application under Rule 9 of the Companies (Court) Rules by the transferee companies would not satisfy the requirement ... comply with the statutory requirements as envisaged under Secs.391 to 394 of the Act and otherwise any directions issued by the Court ... given under clauses (I) and (II) of Sec.394 of the Act, on petition flied by the transferor company, then the orders so made by the Court ... Clause (b) of Section 394 enables the company to make provision inter alia providing for the following matters:" (I) the #HL_ST....
MOTOR VEHICLES ACT - SEIZURE OF PROPERTY - SECTION 102 - POLICE OFFICER'S AUTHORITY TO SEIZE PROPERTY - CONDITIONS - MAGISTRATE'S ... The court relied on Section 102 of the Code of Criminal Procedure, which authorizes a police officer to seize property that may be ... The court held that the Magistrate should have directed the release of the vehicle to the person from whom it was seized, as the ... Brij Kumar Gupta, 1976 Cr LJ 467, was a case where t....
Ratio Decidendi: An agreement for the sale of property made with an intent to defraud creditors is voidable. ... Fact of the Case: The appellant entered into a sale agreement for property with the Ex-Managing Director of a company ... The agreement between the appellant and the Ex-Managing Director was made shortly before the property was attached, indicating bad ... The property in question is located at an important location. It consists of 6.5 cents. The Banerji road abuts the property on the nort....
The court was seized of the matter after a series of orders and proceedings. ... Finding of the Court: The court found that the impugned orders were without jurisdiction and suffered from patent illegality ... Ratio Decidendi: The court applied the legal principles established in Loku Ram Vs. ... Savitri Devi and Ors. 1986 PLJ 656 and Rattan Singh and another Vs. ... Thereafter, the writ petition was admitted for regular hearing and stay was ordered to continue vide order dated 17.0....
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