AI Overview...
- Justice Sameer Jain Judgment - No Arrest in Civil Nature
- The judgments associated with Justice Sameer Jain emphasize that arrests are generally not permissible in civil matters unless explicitly authorized by law. For instance, under the Motor Vehicles Act, judgments related to civil disputes do not warrant arrest unless specified (02700008430).
- The Supreme Court and High Court decisions highlight that civil jurisdiction excludes criminal or arrest proceedings, as seen in cases referencing Sameer Barar (2006) SCC 419, where civil rights and disputes were distinguished from criminal matters (01100025592, 01100028403).
- In criminal cases, especially those involving serious offences, courts exercise caution in granting bail or quashing proceedings, recognizing the gravity of such offences and the importance of proper investigation (01700070423).
- The principle established is that arrests in civil disputes are generally impermissible unless statutory provisions explicitly allow, and courts tend to protect individual rights from wrongful arrest in civil cases.
- The judgments also clarify that in cases of civil nature, courts focus on civil remedies such as damages or injunctions, not arrest or detention, aligning with the legal doctrine that civil jurisdiction excludes criminal enforcement actions (02500109433, 01100025592).
Analysis and Conclusion:
Justice Sameer Jain's judgments reinforce the legal principle that arrest is not a typical or permissible remedy in civil disputes unless explicitly provided by law. Courts, including the Supreme Court and High Courts, have consistently held that civil jurisdiction excludes criminal measures like arrest, emphasizing the importance of adhering to statutory provisions and protecting individual rights from wrongful detention. These rulings underscore the distinction between civil and criminal proceedings, ensuring that arrests are reserved for criminal cases with proper legal backing.
Search Results for "Justice Sameer Jain Judgment no Arrest in Civil Nature"
1995 0 Supreme(MP) 680 • India - Madhya Pradesh
A.S.TRIPATHI
(3) Letters Patent -- Cl. 10 -- award under Motor Vehicles Act -- is a judgment ... referred to in section 91 or section 92, as the case may be; ... (g) an order under section 95; ... (h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest ... Against that judgment of the learned Single Judge the present letters patent appeal was preferred. At the time of hearing of this letters patent appeal be....
2021 0 Supreme(All) 998 • India - Allahabad
MANOJ MISRA, SAMEER JAIN
The "punishments' provided under the Juvenile Justice Act, 1986 are given in Section 21. ... Indian Penal Code, 1860 - Sections 147, 148, 149, 307, 323 and 302 - Juvenile Justice (Care and Protection ... Therefore, only the "punishments' not greater than those postulated by the Juvenile Justice Act, 1986 ought to be awarded to him. ... JUDGMENT : Sameer Jain, J. 1. The present appeal was filed by seven appellants. ... In the FIR it is further stated that number of cases of ci....
2020 0 Supreme(MP) 658 • India - Madhya Pradesh
RAJEEV KUMAR SHRIVASTAVA
Fact of the Case: The applicant filed a bail application under section 438 of the Cr.P.C. apprehending arrest in connection ... The applicant apprehends his arrest in connection with Crime No.188/2020 registered at Police Station Civil Lines, District Datia in relation to the offences punishable under sections 3/7 of Essential Commodities Act, M.P. Motor Spirit and High Speed Diesel Licence and Control Order, 1980. ... It is further submitted that in the light of the judgment passed by Hon'ble Apex Court in Arnesh Kuma....
2022 0 Supreme(All) 116 • India - Allahabad
claiming to be the owner in possession of the property in issue, resisted the execution of a decree for eviction passed against the judgment ... Ratio Decidendi: The Court relied on several Supreme Court judgments to hold that a person claiming independent right, title ... The relevant judgments of the Hon'ble Supreme Court on the issue involved in the present case, to the view of this Court, are Brahmdeo Chaudhary (supra), Silverline Forum (P) Ltd. (supra), Sameer Singh (supra), Shreenath and another v. ... The word “p....
2006 0 Supreme(Del) 1736 • India - Delhi
REVA KHETRAPAL
I am afraid that the judgment in Sameer Barar (supra) cannot come to the aid of the plaintiff as the head note of the judgment itself suggests that it was a case where civil jurisdiction was held to be excluded by the special statute. ... Reliance was placed in this regard upon the decision of the Hon'ble Supreme Court in Sameer barar and Ors. Versus Ratan Bhushan Jain and Ors. (2006) 1 S. C. C 419. ... The principle on which the maxim was based was that the courts could grant relief i....
2021 0 Supreme(Del) 468 • India - Delhi
RAJNISH BHATNAGAR
Observations made in Sameer M. Bhujbal vs. Assistant Director Directorate of Enforcement and another was considered and followed by the Bombay High Court in its judgment dated 25.03.2020 rendered in Bail Application No.1322 of 2020 – Deepak Virendra Kochhar vs. ... It is further submitted that the respondent has failed to furnish the ground of arrest to the petitioner till date and they are not even incorporated in the arrest memo handed over to the petitioner at the time of his arrest. ... The Bombay H....
2024 0 Supreme(Raj) 1606 • India - Rajasthan
SAMEER JAIN
(B) Inherent Jurisdiction - The court must exercise caution in quashing proceedings, especially for serious offences, ensuring justice ... JUDGMENT : SAMEER JAIN, J. 1. ... Such offences are not private in nature and have serious impact on society. ... In summation of the aforementioned and taking specific note that the investigation in the instant matter is yet to be culminated; that allegations of serious nature are leveled against the accused-petitioner; that the accused-petitioner ....
2006 0 Supreme(Del) 1731 • India - Delhi
REVA KHETRAPAL
I am afrais that the judgment in Sameer Barar (supra) cannot come to the and of the plaintiff as the head note of the judgment itself suggests that it was a case where civil jurisdiction was held to be excluded by the special statute. ... Reliance was placed in this regard upon the decisionof the Hon'ble Supreme Court in Sameer Barar v. Ratan Bhushan Jain (2006) 1 SCC 419. ... 23. ... In Sameer Barar (supra), it was held by the Apex Court that even if civil#....
2020 0 Supreme(MP) 1198 • India - Madhya Pradesh
VISHAL MISHRA
payment of an amount of 25,000/- as compensation to the injured within a period of 30 days from the date of the pronouncement of judgment ... The court also considered the legal provisions under Section 320 of the Code of Criminal Procedure and the nature and gravity of ... Issues: The issues revolved around the effect of compromise between the parties, the nature and gravity of the crime, and ... Such offences are not private in nature and have a serious impact on society. ... On earlier occasion, the criminal appeal w....
2022 0 Supreme(Raj) 438 • India - Rajasthan
SAMEER JAIN
(supra) which makes judgments relied upon by petitioner distinguishable and not applicable in case in hand – Court is of view that ... application filed by petitioner was also rejected vide order and therefore present writ petition has been filed by petitioner – Held, Judgments ... Learned counsel has further relied upon Hon’ble Apex Court’s judgment titled as United Bank of India Vs. ... Learned counsel for the petitioner has also relied upon Hon’ble Apex Court’s judgment of Inspector Prem Chand vs. ... Learned counsel ....
Filter by Legal Phrase
