Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Suspicion of arrest or that accused shall be sent behind bars is sufficient to apply for pre-arrest bail...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Issuance of warrant of arrest - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying the decree except by way of arrest - Merely because it appeared to Court that there is no possibility to satisfy the decree, is not equivalent to `satisfaction'..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Petitioner seeking direction restraining authorities arresting him - Active role has been attributed to petitioner and he is named in FIR - Alleged occurrence has taken place in presence of administrative and police officers - One police..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Violation of ad interim injunction - Application U.O.39.R.2-A for implementation of order of injunction and compensation for suffering damages of Rs.72 lacs, by attaching and selling property - Application in no way can be treated as suit for damages - No Court fee can be ordered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Acquittal - Upheld on the grounds viz. (i) Independent witness not joined despite availability and no explanation forthcoming for not having done so; (ii) Material contradiction with regard to place of Nakka; (iii) Scale with which contraband measured was alleged to be kept in the I.O. kit but..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Arrest and detention in civil prison - No notice to show cause against arrest and detention in civil prison can be issued to judgment debtor if no warrant of arrest at all could be issued even at a later point of time...........
Civil Procedure Code, 1908, Section 56, Order 21, Rule 37 -- Arrest and detention in civil prison - Notice to show cause U.O.21.R.37 CPC cannot be issued in terrorem in order to frighten the judgment debtor who is a woman to squeeze out money from her when she enjoys protection against her arrest and detention - It is immaterial as to whether judgment debtor being a woman..........
Evidence Act, 1872, Section 9 -- Test identification parade - Accused contended that test identification parade was delayed and identification in court by witness was not reliable - There is delay but not inordinate delay - No evidence that witness had an opportunity to see and study the features of accused between their arrest and test identification parade to enable a..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Bail - Recovery of 3.750 Kgs. opium - Inspector evidently made wrong entries of time while recording statement of accused u/s 67 of NDPS Act and preparing his arrest memo in order to project that statement was recorded while he was not in custody or under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 11.976 kg of heroin - Statement of accused u/s 67 of Act - Such statement is admissible in evidence as same is made prior to arrest of accused...........
