Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest warrant - When JD appeared before Court on getting notice U.O.21.R.37 CPC and filed objection stating that he had no means to pay decree debt, in such contingency, it is mandatory for Court to conduct an enquiry U.O.21.R.40 CPC before issuing warrant of arrest against him...........
Criminal Procedure Code, 1973, Section 70 -- Issuance of arrest warrants, at first instance instead of issuing summons or bailable warrant - Impugned order set aside - Petitioner directed to appear before trial Court and move regular bail application...........
Criminal Procedure Code, 1973, Section 82, 83, 482 -- Arrest warrants - Court has to be prima facie satisfied that person accused of committing a non bailable offence is also evading his arrest - There has to be material before Court to reach said conclusion - Warrant of arrest cannot be issued without recording such subjective satisfaction - Impugned order issued merely..........
Criminal Procedure Code, 1973, Section 87, 204(1)(b) -- Non-bailable warrants - Merely for the reason that accused were absconding during period of investigation after filing final report unless reasons are recorded, warrant of arrest cannot be issued...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Cancellation of - Accused was involved in an offence u/s 302 IPC during period when his sentence was suspended - Despite the order u/s 319 Cr.P.C, accused evaded his arrest in contravention of warrant of arrest which was issued by ASJ - Criminal antecedents..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
Custody of child -- Claimed by mother - Mother has permanent residency in Australia - Child is four years old girl born in Australia - Mother is earning handsome sum in Australia - Federal Court in Australia directing father to return to Australia and issued a warrant of arrest - However, father does not wish to go back to Australia - Wholly unsubstantiated allegations..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Relevant records have not been produced by petitioner to defend his case - No sufficient opportunity thus, given to petitioner to defend his case - Order issuing warrant of arrest set aside - Matter remitted...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 82, 174A -- Dishonour of cheque - Proclaimed offender - Warrant of arrest received back unexecuted with report that accused has left the given address - Court is duty bound to ask complainant to furnish his fresh address and ensure that accused is duly served before commencing with the coercive..........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant of arrest - Straightway issuance of non-bailable warrant of arrest by Magistrate for securing attendance of accused who stood enlarged on personal bond by police station, particularly, in absence of any evidence/documents on record to show that he was informed about filing of charge sheet or he absconded and..........
