Search Results for "quash and remand"

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Bombay High Court Grants Anticipatory Bail to Accused in Cheque Bounce Case — Petitioner Allowed to Furnish PR Bond. Court holds that custodial interrogation is not warranted when the accused is willing to cooperate and the offence is bailable under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Shankesh Prithviraj Sanghvi, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of th...

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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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Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

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Bombay High Court Allows Default Bail Under Section 167(2) CrPC for Failure to Pass Specific Remand Extension Order. Mandatory Production of Accused and Specific Order Required for Valid Extension of Police Custody Remand.

The petitioner, Parshuram s/o Bajirao Dongre, was arrested on 23.7.2017 in connection with Crime No. 85/2017 registered at Aheri Police Station, Gadch...

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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Adverse Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the 7th Additional District Judge, ...