Litigation Rules 5

Ans:  Sections for contempt of court, 1971 are as follows:  Section 2(a)  Section 2(b)  Utpal Kumar Das V. Court of Munsiff, Kamrup, 2007 Section 2(c)  Jaswant Singh V. Virendra Singh, 9th november, 1994  Section 15(1) Section 15(2) Section 15(3) Section 12(1) Constitutional provisions :  129, 142(2), 215

Ans:  1. 137 2. 141, 142, 143 3. 154.

 Ans:  Order 19, rule 5 Order 19,  rule 5(1) Order 19, rule 5(2)

Ans:  There are two citations here:  1. Gullapalli Nageshwar Rao V. APSRTC, 1959 AIR 308 1959. 2. A.K. Kraipak V. Union of India, 1969 Both these cases are related to the Writ of Certiorari.

Ans: In these four conditions, the Writ of Habeas Corpus can not be used:  1. Detention is lawful. In court conditions :  2. Contempt of Court  3. Detention is outside the jurisdiction of court.  4. Detention is by competent court.

Ans: Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In former, the accused is lodged in police station lockup while in latter, it is the jail i.e., Central Jail.  Rudul Shah V. State of Bihar , 1983 :  The accused was kept in jail even if his punishment was completed.  The writ of habeas corpus was filed by an advocate of accused.  Rudul Shah was punished for the murder of his wife. According to Article 141 of Indian Constitution,  all the judgements of Supreme Court are binding on other courts in India but only the ratio decidendi part of judgement is binding and the obiter dicta part is not a binding part. Even if he was mentally ill at the time he was acquitted, he could not be imprisoned for an extended period. The reason is straightforward. Even a lunatic has legal rights during the trial process. The court found the state’s action to be ...