Arrestee Rights: Understanding the Right to Grounds of Arrest in India

Bombay

So issues involved before us are :- a) Whether reliefs can be granted when judicial custody was extended by the Special Judge, CBI without producing the arestee either physically or virtually on 22/3/2022? ... He has right to insist that procedure established by law need to be followed when he is deprived of his life/personal liberty. That is how the provisions of Code of Criminal Procedure will come into picture. ... b) right to consult and to be defended by legal practitioner. c) to be produced before the nearest Magistrate within ....

Bombay

extended by the Special Judge, CBI without producing the arestee ... He has right to insist that procedure established by law b) because the Petitioner is not produced in either way, does not give any right

2022 Supreme(Online)(Bom) 3077

He has right to insist that procedure established by law need to be followed when he is deprived of his life/personal liberty. That is how the provisions of Code of Criminal Procedure will come into picture. ... Mhatre, APP for Respondent No.2-State. 3 So issues involved before us are :- a) Whether reliefs can be granted when judicial custody was extended by the Special Judge, CBI without producing the arestee either physically or virtually on 22 March 2022? ... b) right to consult and to be defended by legal practitioner. c) to be prod....

Wilde B. expressed the ratio decidendi as follows: " What is the right the suitor has ? The right of action is the right to bring the action; and what is the right to bring the action ? ... That, therefore, takes away nothing; the right of action does not involve the right to keep all the consequences of that right as they were before. It gives him the right to have the action conducted according to the rules that are then in force with respect ....

That is a right he has independent of the Ordinance. " What that section does is to curb his right and to limit it to certain circumstances. In my opinion, therefore, the right of appeal which existed previously is not affected by the Ordinance." In Gunapala v. ... It is not competent to either tribunal, or to both collectively, to create any such right. ... Soertsz J. added- " The right of action and of appeal which existed previously is the right of the common law action and t....

-The landlord had no right to retain the car without first obtaining an order from Court. The landlord's lien over the goods of his tenant for arrears of rent is only a legal hypothec. Immediately rent becomes due, there is a right of hypothec. ... order arose when the situation developed and the effectuality of a sale under this right was contemplated. ... s view that a landlord has without judicial process a right to retain his tenant's property is not supported by the authorities. ... In respect of lands in the ....

When we turn to section 8, that section does not give the right to the landlord to sue the tenant for ejectment. That is a right which he has independent of the Ordinance. What that, section does is to curb his right and to limit it to certain circumstances. ... Rent restriction-Order of Court of Requests-Right of appeal-Ordinance No. 60 of 1942, s. 8. The existing right of appeal from a judgment of the Court of requests is not affected by the Rent Restriction Ordinance. ... In my opinion, th....

When we turn to section 8, that section does not give the right to the landlord to sue the tenant for ejectment. That is a right which he has independent of the Ordinance. What that section does is to curb his right and to limit it to certain circumstances ". ... No right of appeal from orders made in the exercise of this jurisdiction has been given in express terms. So far as the implications of the Ordinance go they are inconsistent with the existence- of a right of appeal. ... R. 1200. ] said,....

the right to do something, i.e., the right to seize all salary and allowances. ... Such a right is truly a vested right. What is there in the Amendment Act of 1954 to compel one to conclude that the legislature intended to take away that vested right ? ... Dealing with an argument that the debt owed by the defendant gave rise only to a right to recover and that such a right was not " property ", the learned judge stated as follows at page 197 :- " Take the broa....

2023 0 Supreme(Gau) 1510

It was emphasized that the right of the accused to be set at liberty takes precedence over the right of the State to carry on the investigation and submit a charge-sheet. ... State, (2021) 12 SCC 1, wherein it was observed that the indefeasible right to default bail under Section 167(2) is an integral part of the right to personal liberty under Article 21, and the said right to bail cannot be suspended even during a pandemic situation as is prevailing ... Section 167(2) and the Fundamental Rig....

2014 0 Supreme(P&H) 1480

The Allahabad High Court in Ramji Singh @ Mujeeb Bhai v. State of U.P. and others, decided on March 27, 2009 held as follows:- Right to dignity and fair treatment under Article 21 of the Constitution of India is not only available to a living man but also to his body after death. Article 21 of the Constitution of India guarantying protection of life and personal liberty has been extended to include right to travel abroad; right to privacy; right against solitary confinement; right to legal aid; right to speedy trial; right against handcuffing; right against delaying execution; righ....

2010 0 Supreme(Kar) 1240

Once, however, this future event occurs the charge settles down, and attaches itself to a fixed property. The security in respect of which the right is created, however, become crystallized only when the future event takes place. It may, therefore, be said that until the time that such further event occurs the right created thereby is a dormant right. The right created under it is no doubt a right in praesenti.

2009 0 Supreme(All) 932

The Supreme Court has interpreted Article 21 of the Constitution of India, guaranteeing protection of life and personal liberty to include right to travel abroad; right to privacy; right against solitary confinement; right to legal aid; right to speedy trial; right against handcuffing; right against delayed execution; right against custodial violence; right against public handing; right to health; right for doctor’s assistance; right to shelter; right to development; right to healthy environment; right to live with human dignity apart from other rights as fundamental right included....

1999 0 Supreme(Del) 1085

In this letter an employee of the owner-landlord only clarified the position regarding the period which would be covered by the amount of rent sent by the tenant-appellant. RIGHT = Yours faithfully, @rs. RIGHT = for SARIN and CO. , ( 19 ) PERUSAL of the above letter would show that it was written on 12. 1. 98 i. e. , after the appellant/tenant was duly served in the suit and after they had filed the written statement.

1996 0 Supreme(Gau) 60

In the interest of all concerned, I pass the following orders : (a) The case will go back to the trial Court and the trial Court shall dispose of the suit as expeditiously as possible. the Right modes of seeing things, Right thinking, Right speech, Right action, Right mode of living, Right effort in every mode of being, Right mindfulness and Right meditation.