Criminal Procedure Code, 1973, Section 202 -- Issue of process - Scope of enquiry u/s 202 Cr.P.C. - In the course of investigation in pursuance of a direction u/s 202 Cr.P.C., police Officer is not entitled to arrest an accused as the only authority of Police is to give report to Magistrate to enable him to decide whether there is sufficient ground to proceed...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution failed to prove that accused was last seen with deceased - Accused arrested after three days of incident - It is unbelievable that he would not change his clothes and will roam around with blood stain clothes - Possibility that blood on clothes of accused and recoveries effected from him..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest & detention of J.D - Violation of decree of injunction - Civil prison is one of the modes of execution of decree for injunction as prescribed U.O.21.R.32 CPC - Execution petition, held, maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Order of detention - Though provision exists for detention of a person for violating decree of injunction but that power has to be exercised cautiously and in rarest of rare case only after recording a finding justifying such order of arrest - In the instant case as trial Court had not taken into consideration..........
Civil Procedure Code, 1908, Section 25 -- Transfer of suit - Admiralty suits pending in Gujarat High Court - Various orders of arrest passed by Bombay High Court prior to filing of said admiralty suit - Owner of vessel filed caveat before Bombay High Court - Therefore, all admiralty suits are directed to be transferred to Bombay High Court...........
Indian Merchant Shipping Act, 1958, Section 3(15) -- Admiralty jurisdiction of Court - Arrest of vessel by jurisdictional court - Appellant`s application for attachment order in other Court - Maintainability - In instant case subject vessel berthed at `M' Harbour, therefore, High Court of `M' alone had jurisdiction to entertain any claim - Since order of arrest of vessel..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 57 -- Contraband - Report u/s 57 Cr.P.C. - Whenever any person makes any arrest or seizure, under this act, he shall within 48 hours make a full report of such arrest or seizure to his immediate senior officer - No such report made in present case - Ipso facto trial not violated but I.O. can not totally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Acquittal of accused on the ground that complainant failed to take steps to secure presence of accused - Warrant of arrest issued - Warrants not executed by police - Complainant cannot be held responsible for failure of police to arrest accused - Impugned order is patently..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Very serious and direct allegations of commission of offences are assigned to petitioner and his other co-accused - Petitioner was initially declared proclaimed offender and evading his arrest - Held, Petitioner is not entitled for anticipatory bail...........
Criminal Procedure Code, 1973, Section 41, 482 -- No justification for high court to direct the state to arrest against whom FIR was lodged, as it amounted to unjustified interference in investigation of case...........
