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1 - 10 of 29 (0.26 seconds)The Motor Vehicles Act, 1988
Prema Veeraraghavan vs State By The Inspector Of Police, K-10 ... on 22 January, 2002
(25) In R.K. Jaiswal (supra), a learned Judge of the
Allahabad High Court has simply observed : "To me, it
does not appear to be so. The order finally disposed of
the application for custody of the truck."
Bharat Heavy Electricals Limited vs The Micro And Small Enterprises ... on 18 September, 2017
(21) Obviously the conclusion arrived at by the
learned Judge is against the very letter and spirit of
Section 451 inasmuch as there is absolutely nothing
therein to warrant an inference that rights of the
concerned parties are to be at all adjudicated. As
stated by me above, that stage is reached only after the
conclusion of the trial as envisaged in Section 452
which deals with the disposal, at the conclusion of the
inquiry or trial, of any property or document produced
before it or in its custody etc. At that stage the Court
has to determine how the property is to be disposed of
and it has, inter alia, to consider the competing claims
of the rival claimants to be entitled to possession
thereof. In other words, the Court has to decide only
the right to possession of the property and not the
ownership of the property. Hence, there is an obvious
fallacy in the reasoning that an order under Section
451 purports to decide finally any of the rights of the
parties and as such the aggrieved party has a right to
challenge the same in revision. On a parity of
reasoning I am unable to subscribe to the following
observations of a learned Single Judge of Andhra
Pradesh in Bharat Heavy Electricals Ltd. (supra): "The
order in question substantially affects the rights of the
parties. If so, it cannot be considered to be an
interlocutory order."
Vikram vs Y.Fogullah Shariff on 11 June, 2015
5. Vikram vs Y.Fogullah Shariff, Criminal Revision Case No.
1408 of 2013 and M.P.No. 1 of 2013, decided on
11.06.2015 (Madras High Court).
Section 38 in The Prevention Of Cruelty To Animals Act, 1960 [Entire Act]
Section 29 in The Prevention Of Cruelty To Animals Act, 1960 [Entire Act]
The Code of Criminal Procedure, 1973
Anisa Begum vs Masoom Ali And Ors. on 8 November, 1985
(16) I have heard the rival contentions, the lengthy arguments and the
grounds raised before me both on the aspect of maintainability and
merits. However, the preliminary issue on the basis of which I am
reluctant to go into the merits of the grounds, is the maintainability of
the Revision Petitions as raised by the Ld. Addl. Public Prosecutor. At
the very Outset I may observe that the revision petitions impugn the
orders passed by the Ld. Trial Court dismissing the applications for
release of animals / vehicle carrying the animals on Superdari. When
a similar issue came up for consideration before the Hon'ble Delhi
High Court in the year 1985 in the case of Anisa Begum Vs. Masoom
Ali & Ors. (Supra) it was observed by Hon'ble Mr. Justice J.D. Jain
that the order dismissing the Superdari application did not decide the
rights of the parties and was an interlocutory order against which no
revision petition would lie.
Jacob And Anr. vs Jayabharat Credit And Investment Co. ... on 2 August, 1983
Lj
1457 (a Division Bench judgment of Bombay High
Court), Natha Lal v. State, 1976 Cri Lj 358
(Allahabad), Vasu v. T Unnikrishnan and another,
1983 Cri. Lj 1194. Jacob and another, v. Jayabharat
Credit & Investment Co Ltd, & others, 1983 Cri.