AI Overview...
- Issuance of Warrant in Appeal - Main Points and Insights
- Courts commonly issue bailable or non-bailable warrants when granting leave to appeal or during proceedings related to criminal or civil cases, especially to secure the presence of respondents or accused persons. For example, leave to appeal often results in the issuance of bailable warrants against respondents (e.g., State of U. P. (U/S- 378) VS Ramu @ Ramakant - Allahabad, STATE OF GUJARAT vs DEVIPUJAK RATILAL ABHUBHAI GARIBBHAI @ KARIMBHAI - Gujarat).
- In criminal cases, warrants are issued to ensure compliance with court orders, such as surrendering to custody or attending proceedings, even when appeals are pending (e.g., Ballu @ Balveer Jatav VS Prembai - Madhya Pradesh, Vijay Kumar VS State of Rajasthan - Rajasthan, State of Maharashtra VS Pankaj Jagshi Gangar - Supreme Court).
- Warrant issuance can be challenged or quashed if procedural irregularities are found, or if the order was issued without proper jurisdiction. Courts have refused to quash warrants if the legal criteria are met, emphasizing that warrants are tools to secure court proceedings rather than punitive measures (e.g., Sanjay Singh VS State of U. P. - Allahabad, Dharmendra Kumar VS State Of Bihar - Patna).
- In civil or revenue cases, warrants such as possession warrants or warrants of arrest are issued to execute orders like eviction or recovery of dues, and these can be subject to appeal or challenge (e.g., Ram Rattan VS Hari Naranjan - Punjab and Haryana, Ramrao s/o Maroti Bajad VS Dharmal Sansthan Varchapari Marimay Sansthan of Gaiwadi, through Sarpanch - Bombay).
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The issuance of warrants is often linked with the procedural stage—whether during the grant of leave to appeal, execution of orders, or as part of compliance measures—and courts tend to uphold warrants unless procedural flaws are demonstrated.
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Analysis and Conclusion
- Warrant issuance in appeal proceedings is a standard judicial mechanism to ensure compliance, secure attendance, or enforce orders, especially in criminal matters.
- The courts recognize warrants as procedural instruments, not punitive sanctions, and generally uphold their validity unless challenged on procedural grounds.
- The process involves careful judicial scrutiny, and warrants can be challenged or quashed if issued irregularly or without jurisdiction.
- Overall, issuing warrants during appeals is a crucial aspect of judicial enforcement, balancing the need for compliance with safeguarding procedural fairness.
References: - State of U. P. (U/S- 378) VS Ramu @ Ramakant - Allahabad, Ballu @ Balveer Jatav VS Prembai - Madhya Pradesh, SUBRATA ROY vs RAJESH CHANANA - Consumer National, Vijay Kumar VS State of Rajasthan - Rajasthan, Dharmendra Kumar VS State Of Bihar - Patna, Sanjay Singh VS State of U. P. - Allahabad, State of Maharashtra VS Pankaj Jagshi Gangar - Supreme Court, Ram Rattan VS Hari Naranjan - Punjab and Haryana, STATE OF GUJARAT vs DEVIPUJAK RATILAL ABHUBHAI GARIBBHAI @ KARIMBHAI - Gujarat, Ramrao s/o Maroti Bajad VS Dharmal Sansthan Varchapari Marimay Sansthan of Gaiwadi, through Sarpanch - Bombay
Search Results for "Issuing of Warrant in Appeal"
2016 0 Supreme(All) 1998 • India - Allahabad
SURENDRA VIKRAM SINGH RATHORE, PRATYUSH KUMAR
, granting leave to appeal and issuing bailable warrant against the accused-respondents. ... Acquittal - Murder Case - The court allowed the application for leave to appeal and granted leave to appeal, issuing bailable ... warrant against the accused-respondents. ... ... Issue bailable warrant against the accused-respondents Ramu @ Ramakant, Raj Kumar, Sanjay and Hulasram executable through C.J.M. Hardoi. ... The application for leave to a....
2018 0 Supreme(MP) 422 • India - Madhya Pradesh
ANAND PATHAK
-- jail warrant issued in compliance of said order in spite of pendency of appeal -- order issuing jail warrant also suffers from ... Land Revenue Code, 1959 -- Ss. 250 and 250-A -- order under section 250 challenged in appeal ... The said order was put to challenge by the petitioner before the Sub-Division Officer and the appeal was pending, but still as per petitioner, order dated 15.6.2018 has been passed, wherein jail warrant has been issued against the petitioner....
2021 Supreme(Online)(NCDRC) 781 • India - National Consumer Disputes Redressal Commission
C. VISWANATH, PM, JUSTICE RAM SURAT RAM MAURYA, M
5, 9) ... ... Facts of the case: ... The appellant challenged an order by the State Commission issuing ... Sanjay Saxena & Ors, issuing bailable warrant of Rs.50,000/- against the appellant and two other opposite parties in the application and fixed 13.01.2021 for appearance. ... An order issuing of notice/bailable warrant/non-bailable warrant is not an order of punishment or penalty rather it merely provides an opportunity of hearing to the opposite party. It does not decide any ri....
2009 0 Supreme(Raj) 2105 • India - Rajasthan
C.M.TOTLA
Final Decision: The court partly allowed the appeal, altering the appellant's conviction from Section 307 IPC (attempt to ... Appellant shall deposit the fine of Rs. 15,000/- by 31.08.2009 and remaining amount by 30.09.2009 failing which the appellant to present and surrender on above date to undergo imprisonment and learned trial court shall also secure so by issuing warrant of arrest.Appeal partly allowed. ... Accordingly, partly accepting the appeal, the conviction of appellant for the offence of ....
2008 0 Supreme(Pat) 440 • India - Patna
NAVANITI PRASAD SINGH
non-bailable warrant of arrest-An appeal is provided against final order passed on petition denying liability-This presupposes an ... is alleged that petitioner illegally operated a brick-kiln, as such, liable to pay royalty and other charges-Certificate Court issuing ... issuance of warrant of arrest-Order dated 27.9.2007 quashed and directed the Certificate Court to decide the objections on merit ... It is now submitted that on 3.1.2008, non-bailable warrant of arrest has been issued pursuant to the o....
2016 0 Supreme(All) 2159 • India - Allahabad
OM PRAKASH VII
warrant in a criminal appeal under Section 138 of the Negotiable Instrument Act. ... . - Quashing of non-bailable warrant - The court refused to quash the order issuing a non-bailable warrant against the applicant, ... Issues: The main issue was the quashing of the order issuing a non-bailable warrant against the applicant. ... The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 22.2.2016 #HL_STAR....
2021 8 Supreme 656 • India - Supreme Court
M.R.SHAH, SANJIV KHANNA
If the respondent does not surrender forthwith, his presence be secured by concerned Court by issuing non-bailable warrant. ... No.I190 of 2017, State of Maharashtra has preferred present appeal. ... Result : Appeal allowed. ... If the respondent does not surrender forthwith, his presence be secured by the concerned Court by issuing non-bailable warrant. The present appeal is accordingly allowed. ... In view of the above and for the reasons stated above, the prese....
1977 0 Supreme(P&H) 167 • India - Punjab and Haryana
GURNAM SINGH
The tenant filed an appeal against the order of the Executing Court issuing the warrant of possession, which was dismissed. ... Final Decision: The appeal was dismissed, and the costs of the appeal shall follow the events. ... The tenant then filed an Execution Second Appeal against the order of the Senior Sub-Judge. ... The landlords filed an execution application in which warrant of possession was issued. Ram Rattan tenant filed an appeal against....
• India - High Court of Gujarat
S.H. Vora, Rajendra M. Sareen, JJ
The court, after hearing the learned APP, determined that leave to appeal should be granted, admitting the appeal and issuing a bailable ... warrant against the respondent. ... The final order requires the respondent to report to the police station yearly until the appeal is resolved. ... Bailable warrant be issued in the sum of Rs.15,000/- against each of the respondent-original accused. ... Therefore, leave to appeal is required to be granted and accor....
1988 0 Supreme(Bom) 167 • India - Bombay
H.D.PATEL, V.A.MOHTA
a possession warrant. ... The tenant also filed an appeal against a subsequent order issued by the Tahsildar for possession of the property and for issuing ... It held that the appeal under section 107 of the Act filed by the tenant was barred by time, but that the appeal against the order ... On expiry of the said time the land owner applied on 7-7-1981 for possession of the property and for issuing possession warrant. By order dated 11-6-1982 the said application wa....
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