Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Order issuing warrant of arrest, without recording satisfaction that accused are evading their arrest, is not in consonance with provision of S.73(1) Cr.P.C - Satisfaction of Court should be reflected in order itself - Order by which no, bailable warrant of arrest issued against petitioners quashed and set..........
Criminal Procedure Code, 1973, Section 82 -- Issuance of processes u/s 82 Cr.P.C - Merely because accused are absent, Court issued process u/s 82 Cr.P.C in a most mechanical manner without recording subjective satisfaction as to why it is necessary to issue proclamation - No material on record that Court has reasons to believe that petitioners have absconded or are..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property u/s 83 Cr.P.C - In a case where processes in terms of Ss.82, 83 Cr.P.C are issued separately, then without recording a statement as envisaged u/s 82(3) Cr.P.C, attachment order u/s 83 Cr.P.C cannot be issued - Since there is no statement in compliance of S.82(3) Cr.P.C on record, order of attachment u/s 83..........
Contempt of Courts Act, 1971, Section 15 -- Criminal contempt - Procedure - Three ways of initiating a contempt: (i) suo motu; (ii) on the motion by Advocate General/Attorney General/Solicitor General; and (iii) on basis of a petition filed by any other person with consent in writing of Advocate General/Attorney General/Solicitor General...........
Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Objection as to issuance of notice of contempt - Notice was strictly in accordance with Form I, which only requires that notice should briefly state nature of contempt - There is no requirement of giving all the documents with Form - Action against alleged contemnors is being restricted to allegations made in..........
Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Scandalous allegations have been made against members of Bench by contemnors in their complaints - Court on the basis of information itself took suo motu notice of contempt and matter was then placed before Chief Justice for listing it before appropriate Bench - Matter is..........
Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - If an article, letter or any writing or even something visual circulating in electronic, print or social media or in any other forum is brought to notice of any judge of SC, which prima facie shows allegation in contemptuous or scandalizes, Court then that Judge can..........
Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Judge act in their own cause - Bench was already dealing with Suo Moto Contempt Petition - Letter of President of Bombay Bar Association and President of Bombay Incorporated Law Society was placed before Bench - Along with this letter complaints filed by contemnors were..........
Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Source of information - Order whereby contempt proceedings were initiated has recorded that action has been taken on basis of letter sent by President of Bombay Bar Association and President of Bombay Incorporated Law Society to President of India and Chief Justice of India..........
Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Plea of freedom to criticize judgment of Courts - Scandalous allegations have been made against members of Bench by contemnors in their complaints - Both the complaints are ex facie contemptuous - Complaint filed by one contemnor was in connivance and at behest of other..........
