...proceedings against the petitioner/accused No.1 in C.C.No.523/2021 registered for the offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 pending on the file of the Civil... OFFENCE PUNISHABLE UNDER SECTION 7(1) (A) (II) OF ESSENTIAL COMMODITIES ACT 1955 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC YELBURGA KOPPAL IN THE... and to quash complaint pending against the petitioners for the offences punishable under Sections 7 and 9 of Essential Commodities Act, 1955 and Section 34 of IPC...

...filed or passed with regard to the release of a property. It is necessary, however, to decide whether sub-sec. (1) of Sec. 523 applies. That sub-section reads:“The seizure by any...cases under that Act. None of these sections empowers a Magistrate to pass an order under Sec. 523.8. Another reasoning may also be considered. Section 523(1) lays down that an order...truck on payment of a sum fixed by him.10. Assuming for the sake of argument, however, that Mr. Chandra could pass an order for release of the truck under Section 523 of the Cr PC, it...

...to the two cases mentioned in that section. Therefore, r. 523 follows the language of s. 7 and it is only different in this respect that a further ground is provided in r. 523 which would entitle ...been fraud or misconduct in the management of the sale, or that the purchaser, by reason of being in a fiduciary position, was disqualified from purchasing.”Rule 523 is clearly mandatory in...its language and the Court is empowered to open a bidding only on the grounds mentioned in r. 523 and those grounds are fraud, or misconduct in the management of the sale or the fact of the purchaser...

...the property pending the enquiry. The matter had to be dealt with under Section 516-A and not under Section 523. I find that the respondent's petition was itself filed in the pending criminal case No. 54 (...Cri. Misc. Case No. 86/59, under Section 523, but should have dealt with it in Criminal Case No. 54(7) 59 under Section 516-A. 10...the said Tomba Singh. 3. The Police registered the case under Section. 406, I.P.C. as F.I.R. No. 54 (7) 59. In the course of the investigation, the A. S...

...herewith as Annexure A/7. The Case No. 523/2015 (filed by the wife under Section 125(3) Cr.P.C.) was dismissed on 03.04.2017, based on the husband's statement that the original Case No. 279/2013 had...herewith as Annexure A/4. The applicant No. 1, thereafter filed an application under Section 125(3) of the Cr.P.C. on 07.10.2015, which was registered as Case No. 523/2015. A copy of the said...application on 07.09.2013 under Section 125 of the Cr.P.C., which was registered as Case No. 279/2013. Vide order dated 27.06.2015, the said application was allowed, and a total sum of Rs. 17,000/- per...

...property is recovered from the possession of a person, a court for the purpose of an order under section 523 must hold, that he is entitled to its possession.”7. Learned counsel for the...H.N Kapoor, J.:— This is a petition under section 482, Cr. P.C filed for quashing the order of the Magistrate, dated 29th April, 1975, by which he ordered Bus No...proceedings in a criminal matter.6. The order about the custody of the property had to be passed under section 457, Cr. P.C (new). It is a consistent view of the...

...meetings and true copies of the resolutions have been filed by way of affidavit along with the petition (page 515 to 523) being annexure “A-20”.7. The Auditor's certificate under...sub-section (5) of Section 230 of the Companies Act 2013 along with all the documents including a copy of the Scheme of Amalgamation and the...Limited and Drolia Agencies Private Limited under Section 230 to 233 of the Companies Act, 2013 for sanction of the Scheme of Amalgamation and for directions to dispense with the...

.... This is what the learned Magistrate has done in this case. Therefore, I am of the opinion that the Order passed in the case is one passed under Section 523 of the Code of Criminal Procedure and not under...scooter to the second respondent is the one passed under Section 516-A of the Cr. P. C. or under Section 523 of the Cr. P. C. 2...the second respondent. The question whether a person is entitled to possession of the property under Section 523 of the Code of Criminal Procedure, cannot be decided...

...passed under this section, an appeal shall lie to the Sessions Judge.”7. From a reading of Section 523, it is clear that after the seizure of the property by the Police under ...order to determine the question it will be necessary to make a reference to the relevant provisions of the Criminal Procedure Code 1898 and the Customs' Act. Section 523 of the.... 4206 of 1973.) decided on August 7, 1979.11. From a plain reading of the aforesaid judgments it is clear that proceedings of sonfiscation of case under section 124 can be taken...

...company being a non-banking financial company as per sub-section (7)(b) of the said section read with Notification No. S.O 523(E), dated September 18, 19751, and they being ...section 58A(7)(b) and the Notification No. S.O 523(E), dated September 18, 1975, and contend that section 58A(6)(a)(b) would not be applicable to the first petitioner-company mainly on the reason that...complainant sent a show-cause notice on September 30, 1997, to the company and its directors as to why the prosecution should not be launched against them for the said contravention as provided under section...

...accused or otherwise. Section 516-A or Section 517 cannot therefore be applied to the case. The question to be considered is, whether Section 523 can be invoked in this case. ...Section 523, Criminal Procedure Code. In my opinion Section 523 applies to property seized by the police of their own accord as, distinct from property seized under a warrant issued by Court.... 9. In the instant case the property was seized by the police because it was suspected to be connected with the commission of a crime, and Section 523 would apply to such a case. (See...

... Criminal Procedure Codes Relevant Provision 188210 Section 523- Procedure by police upon seizure of property taken under ...police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer (3) Every police officer acting under sub-section (1) shall forthwith report.... There was no provision in the 1973 Code nor the 1898 Code till the insertion of sub-section (3) by an amendment in 1978, empowering the police to take a bond from a person undertaking to produce the...

...only an order under S. 517 is made appealable. Where there has been no inquiry or trial in a Criminal Court, the proper section to apply will be S. 523, which deals with first of all, properties found...would be Section 523 of the Cr PC. He purported to pass an order u/s. 523 of the Code. On an appeal to the Judge, the learned Judge held that the order was passed by the Magistrate really under S.... Dutt appearing on behalf of the petitioners has agitated the question whether the proper section was applied by the Magistrate, and also what would be broadly the distinction among Sections 516-A, 517...

..., AIR 1958 Madh Pra 39, dissented from the above view, and held that Section 523, Criminal P. C. applied to property seized by the Police und..., it pointed out that the trend of recent decisions is that Section 523 (1), Criminal P. C is a general provision applicable to all cases, before there is any enquiry or trial...1967 Guj 126, on the question whether a police report is a condition precedent to the exercise of the jurisdiction under Section 523. In the above case, an application under Section 523 for return...

...directions of the Superintendent of Police the recovered lorry was produced before Sri K.M Ray, a Magistrate, presumably for a proper order to be passed under Section 523 of the Cr PC. Raghunandan Prasad applied to...not in any way make the 1st order an interim order. In our opinion the 1st order was a proper and legal order passed under Section 523 of the Cr PC. Such an order cannot be reviewed. It is open to...for the applicant that Section 523 of the Cr PC gives a discretion to the Magistrate to hold an inquiry regarding the entitlement to the possession of property and, therefore, it is open to the Court...

...523, wherein it has been held as under:—“7. In order to decide whether a case falls under sub-section (1) or sub-section (2) the facts of each case have to be taken into...found that by virtue of Section 14(2) of the Act, Smt. Chhimli's right of limited estate cannot be converted into a full fledged ownership rights.6. This...Sheo Lal or her right matured into a full fledged ownership rights by virtue of Section 14(1) of the Act. With a view to appreciate respective contentions of parties, it is necessary to examine...

...Jawaharnagar PS 07.07.2020 07.07.2020 Section 370(A) of IPC and Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956 Cognizable/Non-bailable...?” 10. In the instant case, the detenu is said to be involved in a solitary case in crime No. 523 of 2020 of Jawaharnagar Police Station and the detaining authority...for the offences under Sections 370(A) of IPC and Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956. Further, the detenu was released from prison on bail on 29.07.2020 and the impugned...

...been filed by the petitioners with the following prayers :- "(i.) A writ, order or direction in the nature of Certiorari be issued quashing the impugned F.I.R. No. 523/2019, under Sections 363.../366 IPC and Section 7/8 POCSO Act, P.S. Gurubuxganj, District Raebareli. (ii) writ, order or direction in the nature of Mandamus be issued commanding the opp. parties not to harass and arrest...

...writ petition has been filed by the petitioners with the following prayers :- "(i.) A writ, order or direction in the nature of Certiorari be issued quashing the impugned F.I.R. No. 523/2019..., under Sections 363/366 IPC and Section 7/8 POCSO Act, P.S. Gurubuxganj, District Raebareli. (ii) writ, order or direction in the nature of Mandamus be issued commanding the opp. parties not to...

...accused, including this Court, even after the final disposal of a case, in terms of Section 7-A of the 2000 Act [see Dharambir v. State (NCT of Delhi) ...SCC 211, that in the light of Sections 2(k), 2(I), 7-A read with Section 20 of the 2000 Act as amended in 2006, a juvenile who had not completed eighteen years on the date of commission of the offence...light of Section 7-A. As per the report of the inquiry conducted by the Registrar (Judicial) of this Court, in this case, the appellant was below 18 years of age on the date of commission of the...