Arrest Illegal if reason not informed

Noting that informing an arrested individual of the grounds for their arrest is a fundamental right under Article 22(1) of the Constitution, the Supreme Court today (February 7) stressed that this information must be conveyed clearly and effectively. The Court also emphasized the magistrate's duty to ensure compliance with Article 22(1) during remand, noting that any violation could warrant...

The Hon’ble Supreme Court held that in the present matter, although arbitration is not based on consent of the parties but is under the statutory Bye-laws of BSE, application of this test only strengthens our conclusion. 

The oral contract of joint and several liability reflects the mutual intention of the parties that the respondents will enter into and perform trading transactions together, even if they are conducted only from one of their accounts, leading to a composite transaction. 

The marital relationship of the respondents and them approaching the appellant together as well as opening accounts at the same time, through the same referee as is seen from their client registration forms, further strengthens this conclusion. 


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