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High Court of Karnataka Quashes Remand Order in Murder Case for Non-Communication of Arrest Grounds. Petitioner's arrest and subsequent judicial custody held illegal as grounds of arrest were not communicated in writing as required under Article 22(1) of the Constitution and Section 50 of CrPC.

The petitioner, Hemanth Datta @ Hemantha @ Baby, was arrested on 17.02.2023 in connection with Crime No. 35/2023 registered at Arasikere Town Police S...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Consideration of Vital Documents. Detaining Authority's Subjective Satisfaction Vitiated Due to Failure to Place Exhibits Before It.

The petitioner, brother of the detenu Rashid Ahmed Siddique, filed a writ petition under Article 226 of the Constitution before the Bombay High Court ...

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Bombay High Court Dismisses Quashing Petition in SFIO Case — Remand Orders Valid Despite Cognizance Issue. Court holds that remand orders under Section 167 Cr.P.C. are independent of cognizance and not subject to challenge under Section 482 Cr.P.C. after filing of complaint.

The applicant, Hari Sankaran, was arrested by the Serious Fraud Investigation Office (SFIO) on 1 April 2019 for an offence punishable under Section 44...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's bail status and passed the order mechanically, violating the requirement of subjective satisfaction.

The petitioner, Shri Madhukar Mahadeo Manve, challenged the detention order dated 19th August 2004 passed under the Maharashtra Prevention of Dangerou...

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Bombay High Court Quashes Remand Orders by POTA Special Judge for Lack of Jurisdiction Under Section 167 CrPC. Special Judge Appointed Under Section 23(4) of POTA Cannot Exercise Magisterial Powers of Remand.

The petitioner, Saquib Abdul Hamid Nachan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India before the Bombay Hi...

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Bombay High Court Sets Aside Remand Order in Property Dispute — Appellate Court Exceeded Remand Powers Under Order 41 Rule 23 CPC. Remand for Fresh Trial Not Justified as Conditions for Remand Under CPC Not Satisfied.

The appellant, Vishnu Dashrath Chavan, claimed ownership of a flat in Gitanjali Co-operative Housing Society and filed a suit for recovery of possessi...