Q. Whether an accused can straightway appear or surrender before Magistrate and furnish bail in case of bailable offences registered with police? Ans: According to Sec.436 (1) “when any person other than a person accused of a non-bailable offence is…
Q. Whether the ‘bail’ is right? Ans.: It is well settled principle that if a person accused of bailable offence is arrested by police without any warrant he has right to be released on bail, Section 436 of Cr.P.C is…
Q. “Bail or Jail” – Discuss the paramount consideration in this regard. Ans: There is no strait jacket formula or settled rules for the use of discretion but at the time of deciding the question of “bail or jail” in…
Q. Whether to grant or refuse bail is a matter of Judicial Discretion? Ans.: Unlike a bailable offence where bail is a matter of right under 5. 436 Cr.P.C., grant of bail in a non-bailable offence under S. 437 Cr.P.C.…
Q. What is the effect of granting ‘bail’? Ans: The effect of the granting bail is not to set the prisoner free from jail or custody, but to release him for the custody of law and to entrust him to…
Q. What is the main object of ‘Bail’? Ans: ‘Liberty’ is most precious of all the human rights. One realizes the value of ‘Liberty’ only when he is deprived of it. In fact, the Bail is legal restriction over personal…
Q. What is meant by “bail”? Ans.: There is no definition of ‘bail’ in Code of Criminal Procedure, although offences are classified as bailable and non-bailable. The dictionary meaning of word “bail” is to set free or liberate a person…
Q. Define Injunction. Explain the grounds and principles for grant of Temporary Injunction. [MPCJ 2015] Ans. Section 37 of the specific relief act states that temporary injunction is to continue until a specified time or until the further order of…
Q. Which properties are liable for attachment and sale in execution of a decree and which properties cannot be attached in execution of a decree? [MPCJ 2015] Ans. Attachable and Saleable properties:- Section 60(1) of the CPC declares very widely…
Q. What is doctrine of “Res sub judice” as provided in Section 10 of Civil Procedure Code ? When can this doctrine be applied. Elucidate? [MPCJ 2014] Ans. The object of section 10 of the CPC is to prevent the…