Skip to main content

Power of arrest of the police:Curtailed

The power of arrest of the police has been curtailed by the enactment of Sec.41A of the Criminal Procedure Code.
In case of offenses with punishment of less than 7 years,the police has to give a notice of appearance before the investigation officer,to the accused.If the accused does not appear then only the investigation officer can initiate arrest.
However the scope of Sec.41A has not been fully recognized in the criminal justice system,yet.
Labels:

Comments

Post a Comment

Popular posts from this blog

Check bounce offence is a civil wrong

 “This Court has noted that the object of the statute was to facilitate smooth functioning of business transactions. The provision is necessary as in many transactions’ cheques were issued merely as a device to defraud the creditors. Dishonor of cheque causes incalculable loss, injury and inconvenience to the Vide the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 payee and credibility of business transactions suffers a setback. At the same time, it was also noted that nature of offence under Section 138 primarily related to a civil wrong and the 2002 amendment specifically made it compoundable.”  Supreme Court in Seshia vs State of Telangana on Feb1, 2023.
Post a Comment
Read more

Supreme Court on modes of payment under decrees

     The court in Gurpreet Singh case discussed the modes of payment under decrees according to Order XXI of CPC. The court stated that in the case of execution of money decrees or award decrees, interest stops running on the amount deposited to the extent of the deposit.      The court also stated that if there is a shortage in the amount deposited, the decree holder may be entitled to apply the rule of appropriation to the interest, costs, and then to the principal amount. However, the scheme does not allow for reopening of the satisfaction that has already occurred by the deposit.      The court also discussed the process of payment of money under a decree, which can be made by deposit into the executing court, by postal money order or through a bank, or as directed by the court. The interest stops running from the date of notice of payment given to the decree holder. If the payment is made out of court, interest stops from the date of pay...
Post a Comment
Read more