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Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...

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Gujarat High Court Quashes Revenue Revision Order for Violation of Natural Justice — Remand Ordered for Fresh Adjudication. Failure to provide copies of documents relied upon and denial of effective hearing renders revisional order unsustainable under Section 34 of the Gujarat Land Revenue Code, 1879.

The petitioners filed a Special Civil Application under Article 226 of the Constitution of India challenging an order dated 22.02.2017 passed by the S...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Lower Appellate Court Directed to Decide Appeal on Merits. Remand Under Order XLI Rule 23 CPC Requires Satisfaction of Conditions; Appellate Court Cannot Remand Without Deciding Appeal on Merits.

The appellant, Subhash Moralwar, filed a suit for specific performance of contract against the respondents, Vilas Wankhede and others, in the trial co...

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Supreme Court Allows Appeal in SC/ST Act Case by Setting Aside High Court's Remand Order and Upholding Cognizance. Cognizance Order Under Section 204 CrPC Does Not Require Detailed Reasons as Magistrate Applied Mind to Case Diary and Record, Making Remand Unnecessary.

The appeal arose from a criminal case involving allegations under the Indian Penal Code, 1860 and the Scheduled Castes and the Scheduled Tribes (Preve...

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Supreme Court Upholds High Court Remand to Appellate Tribunal in Stage Carriage Permit Dispute under Motor Vehicles Act, 1939. High Court's direction to rehear all appeals arising from a single tainted appellate order is valid to prevent public inconvenience.

The dispute arose from the grant of a stage carriage permit on the route Kumbakonam to Neiveli. The Regional Transport Authority, South Arcot, granted...