This document discusses the law around arrest and detention in India. It begins by defining arrest and detention, then discusses when it is permissible to order arrest and detention according to Section 51(c) of the Code of Civil Procedure. Certain classes of people, such as women and members of legislatures, are immune from arrest and detention. The procedure for arrest and detention requires presenting the detained person before a court and provides restrictions on entering dwellings. A judgment debtor can be detained for up to three months depending on the decretal amount. The judgment debtor must be released if the decree is satisfied, the amount is paid, or they have a serious illness.
The right to be taken out of Police custody by being brought before a Magistrate is a right given in the interest of, the accused.
Arrest and detention can not be used to extract confession or as a means of compelling people to give information.
It prevents Police Stations being used as though they were prisons - a purpose for which they are unsuitable.
It affords an early recourse to a judicial officer independent of the Police on all questions of bail or discharge.
When the petitioner was arrested the Police Officer knew that he cannot complete his investigation within 24 hours, in such a case, Section 167(1), Cr.P.C. provides for the transmission forthwith of a copy of the entries in the Police Diary relating to the case and for the production of the accused before such Magistrate.
Special emphasis has to be laid on the words "forthwith" in Section 167(1).
The Criminal Procedure Code does not authorise detention by the police for 24 hours after the arrest.
A Police Officer making an arrest without warrant shall, without unnecessary delay take or send the person arrested before a Magistrate.
No Police Officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under Section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
Thus, the twenty-four hours prescribed is the outermost limit beyond which a person cannot be detained in Police custody.
It is certainly not an authorization for the Police to detain him for twenty-four hours in their custody.
It is only in a case where a Police Officer considers that the investigation can be completed within the period of twenty-four hours that such detention for twenty-four hours is permitted. This is clear from Section 167(1), Cr.P.C.
When an arrested person is brought before a Magistrate, he has to decide whether
he should remand the person to Jail custody under Section 167(2) Cr.P.C. as requested by the Police and at the same time he has to decide whether the request of the person for bail should be granted.
In order to decide the question of remand, he must be satisfied on a perusal of the entries in the Police Diary that there were grounds for believing that the accusation or information against the accused was well founded and that the Police have exercised their right of arresting without warrant legally and further that it was necessary for the purpose of investigation that the accused should be remanded to custody.
Unless, the Magistrate is satisfied on all these points, he can- not remand the accused to Jail custody.
It. is for this purpose that Section 167(1) enjoins that a copy of the entries in the Police Diary should be transmitted to Court.
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia AdvocateVijay Dalmia
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate - Terms, Conditions, Rights of Accused. Duty of Police and Courts
The right to be taken out of Police custody by being brought before a Magistrate is a right given in the interest of, the accused.
Arrest and detention can not be used to extract confession or as a means of compelling people to give information.
It prevents Police Stations being used as though they were prisons - a purpose for which they are unsuitable.
It affords an early recourse to a judicial officer independent of the Police on all questions of bail or discharge.
When the petitioner was arrested the Police Officer knew that he cannot complete his investigation within 24 hours, in such a case, Section 167(1), Cr.P.C. provides for the transmission forthwith of a copy of the entries in the Police Diary relating to the case and for the production of the accused before such Magistrate.
Special emphasis has to be laid on the words "forthwith" in Section 167(1).
The Criminal Procedure Code does not authorise detention by the police for 24 hours after the arrest.
A Police Officer making an arrest without warrant shall, without unnecessary delay take or send the person arrested before a Magistrate.
No Police Officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under Section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
Thus, the twenty-four hours prescribed is the outermost limit beyond which a person cannot be detained in Police custody.
It is certainly not an authorization for the Police to detain him for twenty-four hours in their custody.
It is only in a case where a Police Officer considers that the investigation can be completed within the period of twenty-four hours that such detention for twenty-four hours is permitted. This is clear from Section 167(1), Cr.P.C.
When an arrested person is brought before a Magistrate, he has to decide whether
he should remand the person to Jail custody under Section 167(2) Cr.P.C. as requested by the Police and at the same time he has to decide whether the request of the person for bail should be granted.
In order to decide the question of remand, he must be satisfied on a perusal of the entries in the Police Diary that there were grounds for believing that the accusation or information against the accused was well founded and that the Police have exercised their right of arresting without warrant legally and further that it was necessary for the purpose of investigation that the accused should be remanded to custody.
Unless, the Magistrate is satisfied on all these points, he can- not remand the accused to Jail custody.
It. is for this purpose that Section 167(1) enjoins that a copy of the entries in the Police Diary should be transmitted to Court.
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia AdvocateVijay Dalmia
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate - Terms, Conditions, Rights of Accused. Duty of Police and Courts
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
Garima Shukla CPC Presentation.pptx
1. Department of Law,
Prestige Institute of Management and
Research, Indore
Submitted To:- Submitted By:-
Mr. Gopal Kag Garima Shukla
BA.LL.B(Hons) Sem -VI
Section- ‘A’
“Arrest and Detention”
2. Introduction
Arrest :- An arrest is when a person is apprehended and taken into custody (for
legal protection or control), usually because they are suspected of or seen committing a
crime. The person can be interrogated and/or charged after being taken into custody. An
arrest is a practice in the criminal justice system that is occasionally carried out once a
court warrant is issued.
Detention:- Detention is the process of a state or private citizen lawfully detaining
a person and taking away their freedom or liberty at that moment. This could be due to
(pending) criminal charges or to protect a person or property. Being detained does not
always entail being brought to a specific location (often referred to as a detention
center) for interrogation or punishment for a crime (see prison). For the same reasons,
the phrase can be applied to property ownership. An arrest may or may not have
preceded or followed the process of detention.
3. When is it permissible to order arrest and detention?
When a decree-holder approaches the court to have a decree executed, Section 51(c) of the CPC states that the court
may execute the order by arresting and detaining the judgment debtor.
The following cases listed in Order XXI may result in an arrest and detention order:
A decree for the payment of money can be carried out under Rule 30 by the arrest and detention of the judgment
debtor.
When the decree is for a specific moveable person, it can be carried out by the arrest and detention of the judgment
debtor under Rule 31.
When the decree is for a particular execution of a contract or an injunction, the court can enforce it by arresting and
detaining the judgment debtor un
4. Who is immune to being detained?
Under the various provisions of the CPC, certain classes of people are free from arrest and detention. These people
include:
According to Section 56, women.
Section 135(1) refers to judicial personnel.
Their pleaders, mukhtars, revenue agents, and witnesses act by a summons when a case is pending 135(2).
Section 135A refers to members of legislatures.
Under Section 55(2), classes of persons whose arrest, according to the State Government, may cause public danger
or inconvenience, and when the decretal amount is less than two thousand rupees, under Section 58 (1A).
5. PROCEDURE
The procedure to be followed for arrest and detention is provided under Section 55. It says that a judgement debtor can
be arrested at any hour or any day during the execution of a decree, and after such arrest, the person must be presented
before the court. However, there are certain restrictions regarding entry and time. They are as follows:
That no dwelling house shall be entered after sunset and before sunrise.
That no outer door shall be broken in order to enter the house unless such a house is the occupancy of the judgement
debtor, in case he refuses to prevent access thereto.
Where the room is in occupancy of a woman who is not the judgement debtor and does not appear in public due to
the customs, the officer shall give reasonable time and facility to her to withdraw therefrom.
Where there is a decree for the payment of money, and the judgement debtor pays the full decretal amount and the
costs of the arrest to the arresting officer, he shall not be arrested.
6. Notice
A person who is to be arrested is handed a show-cause notice, which requires him to appear before the court and
explain why he should not be committed to the civil prison in execution of the judgment. However, if the court is
satisfied, by affidavit or otherwise, that delaying the execution will result in the judgment debtor absconding
from the jurisdiction, such notification is not required.
If the judgment debtor fails to appear in court after being served with the notice, the court may issue an arrest
warrant if the decree-holder so requests.
According to Order XXI Rule 40, if a person comes to court after receiving the notice under Rule 37, the court
shall hear the decree-holder for the implementation of the decree and then provide the judgment-holder the
opportunity to argue why he should not be arrested.
In the case of Mayadhar Bhoi vs Moti Dibya ,the court held that if a money decree is not paid by the judgment
debtor within thirty days of the date of the order, the court may order the judgment debtor to give an affidavit
stating the particulars of his assets, and if the person disobeys the order, he can be detained for three months.
7. DURATION OF DETENTION
Section 58 specifies the period for which a person can be detained, which is decided according to
the amount of the decree which has been passed against him by the court, and where he has failed
to pay that decretal amount. It says that:-
a person cannot be detained for more than three months if the decretal amount exceeds five
thousand rupees and,
for an amount between two thousand to five thousand rupees, such detention cannot exceed
six weeks.
If the amount does not exceed two thousand rupees, no order for detention of the judgement
debtor can be made.
8. RELEASE OF JUDGEMENT DEBTOR
Under Section 58, every person who has been detained in civil prison shall be released before the
said period of detention on the following grounds:
Where the decree against him has been fully satisfied,
Where the amount mentioned in the warrant for his detention has been paid to the police officer,
Where the person on whose application the person was detained requests so, or
Where the person on whose application such detention was made omits to pay subsistence
allowance.
9. CONTINUE:-
Section 59 provides that a warrant issued by a court for the arrest of the person can be cancelled
anytime if there is some serious illness to the judgement-debtor. And if such arrest has already been
made, and it appears to the court that the person is not in a fit state of health to be in prison, may
order for his release.
Where the judgement debtor has been committed to prison, he may be released:
By the State Government, if there exists some infectious or contagious disease, or
By the court which granted the execution;
Or any court which is superior to the above court, on the grounds of serious illness.
10. RE- ARREST
Any person that has been released on grounds of serious illness in accordance with Section 59
can be arrested again but the period of detention in aggregate should not be more than that
prescribed by Section 58.
Any person whose period of arrest has been completed as given under Section 58 cannot be
arrested again under the decree in execution of which he was detained in the civil prison.
Any person that has been released in accordance with Order XXI Rule 40 can be re-arrested.
11. CONCLUSION
The purpose of arrest and detention is to give relief to a decree-holder and commit the
judgement debtor to the civil prison if he does not pay the decretal amount despite
having means to pay the same. However, it also protects honest debtors, where his
inability to pay is supported by a reasonable cause. The court has to afford the right to
be heard to the debtors in order to ensure proper justice.