Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely - Order of arrest cannot..........
Indian Penal Code, 1860, Section 307, 323, Arms Act, 1959, Section 25(1B)(a) -- Attempt to murder - Prosecution alleged that accused fired upon victim by pistol from very short distance due to which gun shot injuries were sustained by victim on his neck - Medical report shows that injuries sustained by victim were simple in nature - Doctor did not find any characteristic..........
Constitution of India, 1950, Article 226, Transplantation of Human Organs Act, 1994, Section 18, 19, 9 -- Writ of habeas corpus - Challenging illegal arrest and unlawful detention of Doctor/detenue - Detenue involved in removal and commercial dealings of human organ - Arrest of detenue made by Police officials of State of Hyderabad - Act of 1994 not applicable in State of..........
Constitution of India, 1950, Article 226, 22(1), Transplantation of Human Organs Act, 1994, Section 18, 19, 9 -- Writ of habeas corpus - Challenging illegal arrest and unlawful detention of Doctor - Detenue involved in removal and commercial dealings of human organ - Allegations that mandate regarding communication of ground of arrest not fulfilled - As per arrest memo no..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 41 -- Offence u/s 498-A IPC or u/s 4 Dowry Prohibition Act or an offence punishable with imprisonment for a term which may be less than seven years or which may extend to sever years, whether with or without fine - Accused not to be arrested unnecessarily..........
Criminal Procedure Code, 1973, Section 41 -- Arrest without warrant - Police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions of S.41 of the Code - Police officers also to record the reasons in writing for not making the arrest...........
Criminal Procedure Code, 1973, Section 41 -- Arrest without warrant - For ensuring that police officer do not arrest accused unnecessarily and magistrate do not authorise detention casually and mechanically, Supreme Court issued the following directions: (a) All State Governments to instruct its police officers not to automatically arrest when a case u/s. 498-A IPC is..........
Constitution of India, 1950, Article 21, 226 -- Custodian death - Compensation - Deceased committed suicide by hanging while he was in police custody - It was not a case of illegal arrest - No evidence on record that deceased was tortured by police - Wife of deceased not entitled to compensation under public law - However, she can file an appropriate suit or take any other..........
Indecent Representation of Women (Protection) Act, 1986, Section 5 - - Power to enter & search - When a police officer without any prior information as contemplated under the provisions of act arrests a person and seizes any material in normal course of investigation into an offence or suspected offences as provided under the provision of Cr.P.C. and when such seizure is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42 -- Contraband - Search and seizure - Ss.41 & 42 of Act - Difference - U/S 41(2) of Act, an officer of gazetted rank is empowered to delegate his power to a subordinate who is of the rank of peon, sepoy and constable, however an officer who is not of the gazetted officer rank cannot act without..........
