anticipatory bail and injuction
Arbind Kumar
(Querist) 27 October 2008
This query is : Resolved
Hello
I want to know that what is anticipatory bail and what r differences from normal bail
also say abt injuction. type and importance of injuction in civil and criminal laws
thank you
Regards
arbind
Aniruddha.P.Pawse
(Expert) 27 October 2008
Hi Arbind,
Injunction is the court's order to stop someone against whom order has been obtained from doing a certain act or thing.Generally the term is used in civil cases.Injunction are of 2types. 1)temperory 2)Permanent .
Normal Bail on the other hand is order of the court to release a person if he is in jail or if not then not to arrest him under further orders.
Anticipatory Bail is that Bail which is taken in advance from court to avoid arrest. If a person has an FIR or CR filed against him by police or some person and he is under an apprehension that he may be arrested he can apply to the court for anticipatory Bail. Such bail cannot be obtained in cases of bailable offences.
K.C.Suresh
(Expert) 28 October 2008
S.438 of the Cr.P.C deals with anticipatory bail. When a person apprehends arrest her can approach the District court or High court for getting this remedy.
Ordinary is to get an order from a Magistrate or Judge to relase a person free on conditions or otherwise with a specific condition to appear as and when required by the court in the place and time as suggected by the court.
Civil law speaks about injunction. An instant releief to tresspassers. Real posseeion is the question here.
Further what is your trade Arbind - student? lawyer? other?.
Arbind Kumar
(Querist) 28 October 2008
realy
very useful ans
dear, presently i pursuing MBA in oil & Gas sector from Institute of Petroleum Management, Gandhinagar.
I want to make a carrier in commercial and legal sector thats why i m interested for legalities in indian judiciary
thanks to Pawse sir and Suresh sir
Apurva Kumar
(Expert) 28 October 2008
Hey, if u r really concerned abut the legal studies, i.e a/b nd r/b hv u got cr.p.c 1973 then read sec-438-440 it vl get more clear.
