Lawyer Max

11/01/2018

No Right To Redemption After Issuance Of Sale Certificate To Auction Purchaser: SC [Read Judgment] | Live Law http://www.livelaw.in/no-right-redemption-issuance-sale-certificate-auction-purchaser-sc-read-judgment/ #.WlQnZzk2R00.

If there remained no subsisting mortgage, it is difficult to fathom what was to be redeemed, the bench observed. The Supreme Court, in Allokam Peddabbayya vs Allahabad Bank, has held that if the right to redeem stood extinguished by operation of law under proviso to Section 60 of the Transfer of Pro...

17/10/2017

Happy Diwali Greetings

25/08/2017

Tamil Nadu's failure to revise syllabus, Centre's error caused NEET crisis: Madras High Court
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Madras High Court. (File photo)

CHENNAI: The State government’s failure to revise syllabus for the past 10 years, coupled with the Centre’s error in appointing the CBSE instead of a neutral agency to conduct NEET have led to a situation where the State Board students have registered low performance in the national-level test, the Madras High Court observed on Wednesday.

“The Union government should have appointed a neutral agency to conduct NEET, especially when students from various syllabi are writing the exam. The CBSE should not have been given the task of conducting the exam. It is obvious that it would pick questions only from CBSE syllabus,” said Justice N Kirubakaran.

The judge was making an oral observation, while hearing the arguments on a writ petition from Kruthika, an MBBS aspirant. Justice Kirubakaran did not spare the State government either while fixing responsibility. The authorities here, he said, erred in not revising and updating the syllabus in the last 10 years, which was worsened by poor quality of teaching, leading to the conundrum that has affected the lives of thousands of students.

Related Article

Medical admissions: Just five from Tamil Nadu State Board in NEET top 20Soon, books for NEET in Tamil for better resultsA secure seat is no guarantee against heartbreak with the eligibility testAll it takes is a timely rule and some gumptionNEET mess continuesSC asks Tamil Nadu to follow common NEET for medical admissions after Centre refuses to endorse ordinance

There was a likelihood that some of these students, dejected over the ruling of the Supreme Court making NEET mandatory, might take the extreme step, the court cautioned, and asked the government to take all precautionary steps.

Pointing to a news report about the death of a parent who reportedly committed su***de fearing that her daughter would not get a medical seat due to the uncertainty that prevailed on NEET-based counselling, the judge said he could understand the efforts of students, who burnt the midnight oil to score good marks in the board exams. Now, their dreams of getting medical seats have been shattered.

The State government must ensure that such distressed students and their parents do not resort to any extreme step like su***de, by providing proper counselling, the judge said.

In the case on hand, Kruthika had secured 1,184 marks in the board examination with a centum in biology, and 199 and 198 in physics and chemistry, respectively. Despite this, she did not apply for medical counselling due to low mark in NEET.

Now, on coming to know that the Tamil Nadu government had requested the Union government to sanction over 2,000 additional medical seats for the State, Kruthika wanted the court to allow her to participate in the counselling. But much to her dismay, the judge said that he would not do so.

The petitioner also requested for a direction to the State to provide monetary compensation to the affected State Board students, contending they trusted that the State would keep its promise of getting admission to eligible State Board students based on the marks obtained in Plus Two exam.

Refusing to entertain the plea, the judge said he would pass a detailed order on Thursday.

22/08/2017

Live: Triple 'talaq' will not be in operation for six months, says SC: http://www.thehindu.com/news/national/live-sc-to-pronounce-verdict-on-triple-talaq/article19538487.ece
On October 16, 2015, the Supreme Court questioned if Muslim personal law practices of marriage and divorce reduce women to mere chattels.

A five-judge Supreme Court Bench, headed by Chief Justice of India J.S. Khehar, on Tuesday will pronounce its judgment on the legality of the Islamic personal law practice of triple 'talaq' and whether it is violative of the fundamental and human rights of gender equality and dignity of Muslim women.

On October 16, 2015, the Supreme Court questioned if Muslim personal law practices of marriage and divorce reduce women to mere chattels. In a rare move, it registered a suo motu public interest litigation (PIL) petition titled ‘In Re: Muslim Women’s Quest for Equality’ to examine if arbitrary divorce, polygamy and nikah halala (where a Muslim divorcee marries a man, divorces him to get re-married to her former husband) violate women's dignity.
Live updates

10.40am: SC bars triple talaq for 6 months. Asks government to bring legislation.

10.30am: The Five Judge Constitution Bench has assembled to pronounce the verdict.

10.15: The Centre claimed that instant 'talaq' is not fundamental to Islam. It promised to bring a new divorce law for Muslim men in case the court strikes down the three forms of 'talaq' — 'Ahsan, Hasan and Biddat'.

SC to pronounce verdict on legality of triple 'talaq' on August 22

10.00: The Supreme Court’s judgment on the constitutionality of triple talaq may also decide the age-old debate whether personal laws can be brought under the ambit of Article 13 (laws inconsistent with or in derogation of the fundamental rights) of the Constitution.

Article 13 includes in its ambit any “ordinance, order, by-law, rule, regulation, notification and even customs and usages” passed or made by the Legislature or any other “competent authority”. It mandates that any law in force in the country before or after the commencement of Constitution should not violate the fundamental rights of citizens enshrined in Part III.

Triple talaq: Will SC verdict end personal laws’ immunity?

On October 16, 2015, the Supreme Court questioned if Muslim personal law practices of marriage and divorce reduce women to mere chattels.

16/08/2017

SC also directed that a copy of the order shall be forwarded to the Director of all Judicial Academies in the country, so that the judgment could be brought to the notice of all Judicial Officers exercising criminal jurisdiction in the States
The Supreme Court has directed Trial Courts to not grant regular bail to an accused, if he/she has already obtained an interim anticipatory bail by a superior Court and the matter is still pending before the higher Court.

“Once a regular bail is granted by a subordinate Court on the strength of the interim/pre-arrest bail granted by the superior Court, even if the superior Court is to dismiss the plea of anticipatory bail upon fuller consideration of the matter, the regular bail granted by the subordinate Court would continue to hold the field, rendering the ultimate rejection of the pre-arrest bail by the superior Court meaningless,” a Bench comprising Justice Ranjan Gogoi and Justice Navin Sinha explained.

The Bench took note of the “predicament of the subordinate Judge in considering the prayer for regular bail and the impossibility of denial of such bail in the face of the pre-arrest bail granted by a higher forum”. It thereby observed that surrender and bail application by the accused in such cases is “nothing but an abuse of the process of law by the concerned accused”.

The Court was hearing a Special Leave Petition filed by one Ms. Rukmani Mahato, challenging an order passed in December, 2015, wherein the Jharkhand High Court had refused to grant her pre-arrest bail. Subsequent to this order, she was granted pre-arrest bail by the Apex Court in April last year. Thereafter, she had surrendered before the Trial Court, and was released on regular bail.

Livid that regular bail had been granted to Ms. Mahato, in disregard of the pendency of the SLP before it, the Apex Court had then sought an explanation from the Trial Court Judge. On consideration of this explanation, the Court noted that the order was issued by the Judge on a “misconstruction of this Court's order, which misconstruction was a bonafide mistake on the part of the judicial officer”.

It then proceeded to scrutinize the case at hand, a perusal of which revealed that it was regular practice for the accused to surrender before the Trial Court and seek regular bail immediately after the grant of interim pre-arrest bail by higher forums.

“If this is a practice that is prevailing in some of the subordinate Courts in the Country and we have had notice of several such cases, time has come to put the learned subordinate Courts in the country to notice that such a practice must be discontinued and consideration of regular bail applications upon surrender during the pendency of the application for pre-arrest bail before a superior Court must be discouraged,” the Court thereafter observed, directing a copy of the order to be forwarded to the Director of all Judicial Academies in the country, so that the judgment could be brought to the notice of all Judicial Officers exercising criminal jurisdiction in the States.

16/08/2017

*Ad interim injunction - Cannot be passed against unknown persons. (2017(3) Civil Court Cases 573 (Delhi)*

*Ad interim injunction - Police aid - Cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order. (2017(3) Civil Court Cases 418 (Hyderabad)*

*Adverse possession - Plea available to defendant only when he admits ownership of true owner over suit property to the knowledge of true owner. (2017(3) Civil Court Cases 311 (S.C.)*

*Co-owner - Non demarcation of suit property - Construction of compound wall, within suit property, to protect suit property from further encroachment - Permission granted, upheld. (2017(3) Civil Court Cases 461 (S.C.)*

*Costs - Court can grant relaxation if, non payment of costs are due to circumstances beyond the control of the defaulting party. (2017(3) Civil Court Cases 517 (P&H)*

*Court witness - A person can be summoned as a Court witness if he is not already called as a witness. (2017(3) Civil Court Cases 306 (Hyderabad)*

*Dishonour of cheque - Conviction - Compromise - On failure to pay the agreed amount, within time granted, accused shall be proceeded with for contempt, in addition to other proceedings, in accordance with law. (2017(3) Civil Court Cases 354 (S.C.)*

*Dishonour of cheque - Legal principles applicable to Managing Director are also applicable to Managing partner of a partnership firm. (2017(3) Civil Court Cases 299 (Kerala)*

*Dishonour of cheque - Managing Director or Joint Managing Director - In charge and responsible - Specific averment not required as they by virtue of their office are in charge and responsible for conduct of business of company. (2017(3) Civil Court Cases 299 (Kerala)*

*Dishonour of cheque - Security cheque - Merely because cheque is issued as a security is no ground to exonerate the penal liability. (2017(3) Civil Court Cases 407 (Allahabad)*

*Dishonour of cheque - Stop payment - Burden of proving that cheque had not been issued for any debt or liability is on accused and that stop payment has not been asked because of insufficiency of funds. (2017(3) Civil Court Cases 407 (Allahabad)*

*Divorce - Exemption to file divorce petition within one year of marriage - A case of exceptional hardship to husband - Exemption granted. (2017(3) Civil Court Cases 442 (Uttarakhand)*

*Divorce - Irretrievable breakdown of marriage - May be supplementary to any other substantive grounds but same not a standalone ground. (2017(3) Civil Court Cases 335 (Hyderabad)*

*Divorce - Solitary instance of threat to commit su***de in hot talks with husband - By no stretch of imagination can be termed and treated as cruelty sufficient to annul marriage. (2017(3) Civil Court Cases 488 (Rajasthan)*

*Divorce by mutual consent - Factum of solemnization of marriage and that consent is not obtained by force, fraud or undue influence - Not ascertained before passing decree - Impugned decree set aside - Matter remitted back for decision afresh. (2017(3) Civil Court Cases 474 (Jharkhand)*

*Ex parte decree - Single application can be filed to condone delay and to set aside ex parte decree, where grounds for seeking both such reliefs are same. (2017(3) Civil Court Cases 375 (Hyderabad)*

*Ex parte decree - Setting aside - Self induced and self serving misconception in the mind of defendant as regards date of hearing of suit - Not a ground for recalling of ex parte decree. (2017(3) Civil Court Cases 341 (Calcutta)*

*Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable. (2017(3) Civil Court Cases 478 (Karnataka)*

*Ex*****on - Decree for specific performance - Property not identified definitely - Executing Court to take such steps as may be necessary for fixing identity of property. (2017(3) Civil Court Cases 404 (P&H)*

*Ex*****on - Third party objections - Proper enquiry needs to be conducted and same cannot be summarily disposed of. (2017(3) Civil Court Cases 469 (Hyderabad)*

*Interlocutory proceedings - Findings recorded therein - Do not in any manner affect and come in the way of disposal of suit on merits. (2017(3) Civil Court Cases 395 (S.C.)*

*Law applicable to appeals applies to revision as well - No decree can be reversed or substantially varied in appeal on account of mis-joinder or non-joinder of parties. (2017(3) Civil Court Cases 381 (S.C.)*

*Maintenance - Decree of restitution of conjugal rights in favour of husband - Not a bar to grant maintenance. (2017(3) Civil Court Cases 446 (Allahabad)*

*Maintenance - Default in payment - Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of husband. (2017(3) Civil Court Cases 439 (Kerala)*

*Maintenance - Merely because wife is capable of earning is not a sufficient reason to reduce maintenance. (2017(3) Civil Court Cases 346 (S.C.)*

*Maintenance pendente lite - Claim by husband - Can be treated only in exceptional cases. (2017(3) Civil Court Cases 365 (Kerala)*

*Maintenance pendente lite - Claim by husband - Idleness of husband - No evidence adduced to show that in spite of efforts husband could not get any employment - Not entitled to maintenance pendente lite. (2017(3) Civil Court Cases 365 (Kerala)*

*Maintenance u/s 125 Cr.P.C. - Territorial jurisdiction is determined on date of filing of application - Even if wife resides at a place temporarily on the date of filing of application, concerned Court within whose territorial jurisdiction she is residing, can entertain such application. (2017(3) Civil Court Cases 523 (Orissa)*

*Marriage - Girl aged 14 years and boy aged above 18 years - Till the minor child attains the age of majority, parties are merely contracting parties and not husband and wife. (2017(3) Civil Court Cases 490 (Gujarat)*

*Marriage - In contravention of S.5 of Hindu Marriage Act - Marriage is null and void - It does not require any order of Court to say that marriage is null and void - To get a declaration to that effect is optional. (2017(3) Civil Court Cases 533 (Bombay)*

*Material alteration - Alteration in date so as to bring suit within period of limitation - It is a material alteration - It renders the document void. (2017(3) Civil Court Cases 328 (Madras)*

*Mohammadan Law - Does not recognize adoption. (2017(3) Civil Court Cases 311 (S.C.)*

*Notice - Relationship of landlord and tenant not established - Question of terminating tenancy by proper service of notice u/s 106 of the Act is of no significance. (2017(3) Civil Court Cases 397 (Rajasthan)*

*Partition - Partial partition - Not impermissible in all events. (2017(3) Civil Court Cases 425 (H.P.)*

*Passage - Mere recital in the sale deed cannot establish existence of passage - Recital in the sale deed has to be corroborated from other cogent, convincing and reliable evidence. (2017(3) Civil Court Cases 568 (P&H)*

*Permanent injunction - Relief in part granted as Revenue Authority granted mutation of part of land - Bonafide purchase of entire property by plaintiff - Decree of permanent injunction granted of entire land. (2017(3) Civil Court Cases 389 (Tripura)*

*Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which is on the defendant. (2017(3) Civil Court Cases 314 (P&H)*

*Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation - Claim for additional payment after payment of final bill - Claim entertained and rejected - Limitation to file suit for rejected claim is three years. (2017(3) Civil Court Cases 562 (S.C.)*

*Rent & Eviction - Relationship of landlord and tenant - Proof - Basic fact, as to since when tenancy started, conspicuously missing in the plaint - It creates serious doubt about the existence tenancy. (2017(3) Civil Court Cases 397 (Rajasthan)*

*Rent and eviction - Bona fide requirement - Order of eviction - Death of landlord during pendency of appeal - L.R's continued the family business - Cannot be relegated for another round of litigation - However, in a given case the bona fide requirement of original landlord and that of surviving legal heirs may vary - Eviction order passed by First Appellate Authority, restored. (2017(3) Civil Court Cases 487 (S.C.)*

*Will - Beneficiary attesting will - Document does not become void ipso facto - If any benefit is given to attestor by way of a bequest or by way of an appointment, he would not get any right as that bequest or appointment shall be void in so far as he is concerned. (2017(3) Civil Court Cases 378 (Kerala)*

*Will - Ex*****on - Scribe of Will one of the attesting witness - There is no law that he is the best witness and he alone is competent to depose about ex*****on of Will. (2017(3) Civil Court Cases 510 (Madras)*

01/08/2017

http://www.livelaw.in/sc-allows-remarried-woman-continue-job-got-compassionate-appointment-read-order/

50% of her salary should be paid over to her children for their sustenance, the court said. The Supreme Court has upheld a Rajasthan High Court order which, instead of terminating the service of remarried lady who got into service under compassionate employment scheme, had directed that 50% of her s...

31/07/2017

TYPES OF EVIDENCES.

There are different types of evidences under the Indian Evidence Act, 1872. These are mentioned below-

1) Oral Evidence

2) Documentary Evidence

3)Primary Evidence

4) Secondary Evidence

5) Real Evidence

6) Hearsay Evidence

7) Judicial Evidence

8) Non- Judicial Evidence

9) Direct Evidence

10) Indirect Evidence or Circumstantial Evidence

These are elaborated below-

1) Oral Evidence– Section 60 of the Indian Evidence Act explains Oral Evidence. Oral Evidences are those evidences which are personally seen or heard by the witness giving them and not heard or told by some one else. All the statements which are permitted by the court or the court expects the witness to make such statements in his presence regarding the truth of the facts, are called as Oral Evidences.

Oral evidences must always be direct. An Evidence is direct when it establishes the main fact in issue.

2) Documentary Evidences – are defined under section 3 of the Act. All those documents which are presented in the court for inspection regarding a case, such documents are known as documentary evidences.

3) Primary Evidence – Section 62of the Indian Evidence Act defines Primary Evidence. Primary evidences are the most superior class of evidences. These are those evidences which are expected by the law and admissible and permissible at the first place. These are those evidences which in any possible condition gives the vital hint in a disputed fact and establishes through documentary evidence on the production of an original document by the court.

4) Secondary Evidences – are defined under section 63 of the Act. These are those evidences which are entertained by the court in the absence of the Primary evidences. Therefore it is known as secondary evidences.

5) Real Evidences – Real evidences are those evidences which are real or material evidences. Real evidence or proof of a fact is brought to the knowledge of the court by an inspection of a physical object rather than by deriving an information by a witness or a document.

6) Hearsay Evidences – Hearsay evidences are the ones which the witness has neither personally seen nor heard, nor has he percieved through his senses, but are those which have come to his knowledge through some other person. These are the most weak category of evidences.

7) Judicial Evidence – Judicial evidences are those which are given before the magistrate in the court. For example- a confession made by the accused before the magistrate in the court is an Judicial Evidence.

8) Non- Judicial Evidence – Any confession made by the accused outside the court and not in front of the magistrate but in the presence of some other person are termed as Non- Judicial evidences.

9) Direct Evidence – Direct evidences are those evidences which establishes a fact. The best example of a direct evidence would be statement or confessions made by the witnesses.

10) Indirect or Circumstantial Evidence – Circumstantial or indirect evidence are the ones which attempts to prove the facts in dispute by providing other facts. Circumstantial evidences are not definite proof. they only provide a general idea as to what occured at the crime scene.(ziblok)
© Copy Right.

30/07/2017

Breaking: Misuse Of S.498A -SC Directs To Form Family Welfare Committees To Examine Each Cases, No Arrests Before Committee’s Report

[Read New Guidelines]

JULY 27, 2017

Supreme Court of India on Thursday has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code.

A two Judge Bench of Justices AK Goel and UU Lalit observed that Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in su***de or murder of a woman as mentioned in the Statement of Objects and Reasons of the Act 46 of 1983.

“It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. To remedy the situation, we are of the view that involvement of civil society in the aid of administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized. It is also necessary to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Court only for that purpose”.

After considering the submissions of ASG A.S. Nadkarni, and Senior Advocate V. Giri, the Court has issued the following directions;

i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing. 16

(c) The Committee members will not be called as witnesses.

(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.

(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.

(f) The committee may give its brief report about the factual aspects and its opinion in the matter.

(g) Till report of the committee is received, no arrest should normally be effected. 17

(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.

(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.

(j) The Members of the committee may be given such honorarium as may be considered viable.

(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.ii) Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;

ii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

iii) If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day.Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;

iv) In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;

v) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and

vi) Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

vii) These directions will not apply to the offences involving tangible physical injuries or death.

26/07/2017

“A document must be read as a whole and as to the nature of transaction under the document, it cannot be decided by merely seeing the nomenclature”

2001 (1) CTC 112, Lakshmipathy –Vs- Chakrapani Reddiar

"32. Presence of certain aspects / phraseology / conditions may be indicative of a family arrangement reduced to writing with the purpose of using that as a proof of that they had arranged.

(a) Document setting out all the terms and conditions of the family settlement in extenso.

(b) Document mentioning that till then (ex*****on of the said document) parties have been members of the joint Hindu family.

(c) Where the document was written immediately after the understanding between the parties with regard to the arrangement.

(d) Document containing Clause to the effect that parties are under the document release their rights under the document.

(e) The settled position is that a document must be read as a whole and as to the nature of transaction under the document, it cannot be decided by merely seeing the nomenclature.

(f) mere usage of past tense in the document should not be taken as indicative of a prior arrangement.

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28/05/2017

*Bail and its KINDS OF BAIL & GROUNDS*

*1. Introduction*

The concept of bail is not new. Basic Philosophy behind the concept of bail is that accused should be released from the custody of law enforcing agency into the custody of sureties. This is an interim order which can be withdrawn by the court at any stage according to circumstances.

*2. Relevant Provisions*

Section 496, 497 and 498 of Cr.P.C is a relevant provision

*3. Meaning of Bail*

Bail means the security, which court requires for release, of some accused. It is, in fact, transfer of accused from judicial custody to sureties with this condition that sureties will remain bound for future appearance of accused in court whenever accused appearance will be required.

*4 Kinds of Bail*

Bail is of the following three kinds.

*1. Bail After Arrest / Post Arrest Bail*

It is a bail which is granted to the accused person, after his arrest, both in bailable and non-bailable offence. When the accused has been arrested by the law enforcing agency, bail may be generated to him under section 497 of Cr.P.C.

*2. Bail before Arrest / Pre-Arrest bail*

Bail before arrest is a bail which is granted in a case where court feels perhaps accused has falsely involved in case and he is likely to suffer irreparable injury to his dignity, honor, or reputation by his arrest.
Note: In bail before arrest, registration of case is necessary.

*I. Protective Bail*

The protective bail is granted to accused enable him to approach the concerned court of other provinces for the purpose of obtaining pre-arrest bail without touching its merits.

*II. Direct approach to High court*

Superior courts can entertain application for pre-arrest bail and can grant relief to accused in appropriate cases where accused could inter alia, established that he was prevented from approaching lower court concern.

*III. Bail after Conviction*

It is granted when after conviction of accused, the appeal has been accepted for hearing and the court observes that there are grounds for the release of the accused, therefore, it accepts the bail petition and allows bail also under section 426

*5*. Kinds of Bail by Nature
By nature, bail may be divided into following two kinds.

*I. Interim Bail*

It is a bail which is granted by the court without hearing the prosecution for a specified period of time.

*II. Permanent or Confirmed bail*

It is a bail which is granted by the court after hearing both the parties, i.e., petitioner and prosecution.

*6*. Pre-conditions or Essential ingredients of Confirmation of Pre-arrest / before arrest Bail
Following confirmation of pre-arrest / before arrest bail, following are pre-conditions or essential ingredients.

*I. Ulterior Movies*

Arrest of petitioner should be for some ulterior motives. In fact, there should be doubt that motive for involvement of accused in some criminal case in not pure. If ulterior motive is proved, pre-arrest bail can be confirmed. If it is also proved that apprehension of imminent arrest, humiliation and unjustified harassment of accused due to some ulterior motive or mala fide on part of authorities or other influential persons.

*II. Heinousness of offence*

Heinousness of offence is of no importance as far as granting of pre-arrest bail is concerned. In fact, pre-arrest bail cannot be refused due to heinousness of offence.

*III. Commission of offence*

Pre-arrest bail can be confirmed when investigation is completed and it shows that accused has not committed offence.

*IV. Physical Surrender*

Petitioner / accused should physically surrender himself before court. It means that no pre-arrest bail can be granted to absconder.

*V. Fit Case*

Case of petitioner should be fit case so that court can exercise its discretion of confirmation of bail. If case of petitioner is fit case for court to exercise its discretion, pre-arrest bail can be granted.

*VI. Bail Bond*

Pre-arrest bail can be confirmed when accused is ready to submit bail bond is prescribed manner under Criminal Procedure Code.

*7*. Pre-conditions or Essential Ingredients of confirmation Post-arrest / After-arrest bail
For confirmation of post-arrest (after arrest) bail, following are pre-conditions or essential ingredients.

*I. Prohibitory Clause*

According to Section No. 497 of Criminal Procedure Code, post-arrest bail cannot be granted when there exists reasonable grounds for believing that petitioner has been guilty of that offence, which is punishable with death or imprisonment for life or imprisonment for ten years. It reveals that pre-condition or essential ingredient for confirmation of post-arrest bail is that alleged offence should not fall within prohibitory clause of Section No. 497 of Criminal Procedure code.

*II. No Reasonable Ground for commission of Non-bailable offence*

Another pre-condition or essential ingredient for confirmation of post-arrest bail is that there should be no reasonable grounds for believing that accused has committed non-bailable offence.

*III. Sufficient grounds for further Inquiry*

For confirmation of post-arrest bail, there should also be sufficient grounds for further inquiry into guilt of accused.

*IV. Bail Bond*

Post-arrest bail can be confirmed when accused is ready to submit bail bond
prescribed manner under Criminal Procedure Code