sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
From the Courts »
 Eaton Fluid Power Limited vs. ACIT (ITAT Pune)
 Pr. CIT vs. Veedhata Tower Pvt. Ltd (Bombay High Court)
 Mahaveer Kumar Jain vs. CIT (Supreme Court)
  Shantivijay Jewels Ltd vs. DCIT (ITAT Mumbai)
 Minda SM Technocast Pvt. Ltd vs. ACIT (ITAT Delhi)
 Meta Plast Engineering P. Ltd. vs. ITO (ITAT Delhi)
 Shantivijay Jewels Ltd vs. DCIT (ITAT Mumbai)
  Amod Shivlal Shah vs. ACIT (ITAT Mumbai)
 The Shri Saibaba Sansthan Trust (Shirdi) vs. UOI (Bombay High Court)
  Pr CIT vs. JWC Logistics Park Pvt. Ltd (Bombay High Court)
 ITO (Exemptions) vs. Chandigarh Lawn Tennis Association (ITAT Chandigarh)

Non-bailable warrant misuse prompts SC guidelines
September, 12th 2011

Misuse of non-bailable warrants by policemen has prompted the Supreme Court to issue guidelines, asking courts to desist from prolonging the execution of warrants. A bench of justice DK Jain and justice HL Dattu said: "Ordinarily, courts should not give a long time for return or execution of warrants, as experience has shown that warrants are prone to misuse if they remain in control of executing agencies for long."

Directing courts to maintain a register, the bench added that each warrant must be entered chronologically with a serial number mentioned in the document.

Issuing guidelines even for high courts, the apex court directed them to ensure that subordinate courts use printed and machine number form No. 2 to issue arrest warrant. Holding that each form should be accounted for, the bench ordered the guidelines to be put into practice within six months.

The SC directions came on a petition filed by Mumbai-based lawyer RD Bhasin, seeking action against the police for misusing non-bailable warrants issued against the advocate. Bhasin alleged that the police arrested even as the trial court had cancelled the warrants.

"All courts in the country have to be extra cautious and careful while directing issue of non-bailable warrant, else a wrongful detention would amount to denial of constitutional mandate envisaged in Article 21 of the Constitution of India," the bench observed.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Custom Software Development Outsourcing Custom Software Development Offshore Cus

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions