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Constitutional law

MIHIR RAJESH SHAH versus STATE OF MAHARASHTRA AND ANOTHER

The constitutional mandate of informing the arrested person of the grounds of arrest under Article 22(1) applies to all offences; the grounds must be communicated in writing in a language the arrestee understands; if impractical to provide written grounds at the moment of arrest, oral communication is permissible but a written copy must be furnished within a reasonable time and in any event not later than two hours prior to production before the magistrate for remand; failure to comply renders the arrest and subsequent remand illegal.

Source excerpt

  • Grounds of arrest
  • Right to bail
  • Remand
  • Language of communication
  • Article 22(1)
  • Article 21
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Property law

PETER AUGUSTINE versus K.V. XAVIER AND OTHERS

The High Court erred in remitting the matter for de-novo disposal because the sale deed, conveyance deed and settlement deed showed the same area and identical borders and boundaries, and the discrepancy in survey number was clarified by the settlement deed; the appeal could thus have been decided on interpretation of those documents and remand would cause undue delay.

Source excerpt

  • Remand
  • Court commissioner
  • De-novo disposal
  • Interpretation of sale/conveyance/settlement deeds
  • Boundary identification
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Constitutional law

KASIREDDY UPENDER REDDY versus STATE OF ANDHRA PRADESH AND ORS.

The Court held that the written grounds of arrest supplied at the time of arrest in this case conveyed sufficient knowledge of the basic facts constituting the grounds, met the requirements articulated in Vihaan Kumar and Section 47 BNSS, and therefore the arrest was not per se illegal; the High Court order dismissing the habeas corpus petition was affirmed and the appeal dismissed.

Source excerpt

  • Article 22 of the constitution of india
  • Grounds of arrest
  • Habeas corpus
  • Remand
  • Section 47 bnss
  • Section 41 cr.p.c.
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Criminal procedure

GOPAL GOVIND LAKADE & ANR. versus THE STATE OF MAHARASHTRA & ANR.

The Division Bench of the High Court erred by declining even to issue notice without assigning reasons or affording the parties a hearing; that defect violated natural justice, and therefore the impugned order must be set aside and the matter remanded to the High Court for disposal on merits.

Source excerpt

  • Quashing of complaint
  • Notice
  • Remand
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Civil procedure

SMT. UMA DEVI AND ORS. versus SRI. ANAND KUMAR AND ORS.

On the plaint's averments and attached registered sale deeds and revenue records showing an oral family partition in 1968 and registered sales in 1978, the plaintiffs had constructive notice and slept on their rights; the trial court correctly allowed the defendants' application under Order VII Rule 11 CPC as the suit did not disclose a cause of action and was prima facie barred by limitation, and the High Court erred in remanding the matter.

Source excerpt

  • Return of plaint
  • Order vii rule 11 cpc
  • Partition
  • Registered sale deed
  • Remand
  • Cause of action
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Criminal procedure

DHANRAJ ASWANI versus AMAR S. MULCHANDANI & ANR.

An anticipatory bail application under Section 438 CrPC filed by an accused who is already in judicial custody in relation to a different offence is maintainable so long as the accused is not arrested in relation to the subsequent offence; custody in one case does not negate the statutory pre-condition of a "reason to believe" that one may be arrested for a different offence; courts should not read implied prohibitions into Section 438; investigating agencies retain powers (including seeking remand or production under Section 267 CrPC) and if a police remand or formal arrest in relation to th…

Source excerpt

  • Anticipatory bail
  • Arrest
  • Custody
  • Section 438 crpc
  • Prisoner transit warrant (section 267 crpc)
  • Remand
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Unlawful activities (prevention) act, 1967

THE STATE OF WEST BENGAL versus JAYEETA DAS

Because the State of West Bengal had not designated a Special Court under Section 22(1) of the NIA Act, the Sessions Court in whose division the offence occurred (the Chief Judge cum City Sessions Court) had jurisdiction under Section 22(3) to permit addition of offences under the UAPA and follow the NIA Act procedure; however, a Magistrate may remand only for up to ninety days and any extension beyond ninety days required express authorization of the Sessions Court or Special Court under Section 43D(2) of the UAPA, so the Magistrate's extension beyond ninety days was illegal though the accus…

Source excerpt

  • Jurisdiction
  • Addition of offences
  • Remand
  • Extension of remand
  • Default bail
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Environmental law

VEENA GUPTA & ANR versus CENTRAL POLLUTION CONTROL BOARD & ORS.

The Supreme Court set aside the National Green Tribunal's orders dated 31.08.2021 and 26.11.2021 because the Tribunal had not issued notice to the affected Project Proponents and had proceeded without giving them an opportunity to be heard; the matter is remanded to the Tribunal to issue notice to all necessary parties, hear them afresh uninfluenced by prior observations, and pass appropriate orders.

Source excerpt

  • National green tribunal
  • Ex parte order
  • Suo motu proceedings
  • Review petition
  • Opportunity of hearing
  • Remand
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Income tax

KOTAK MAHINDRA BANK LIMITED versus COMMISSIONER OF INCOME TAX BANGALORE AND ANR.

The Settlement Commission had rightly applied its mind, considered the report of the Commissioner and the disclosures made by the assessee, found that the assessee cooperated and made full and true disclosure (including offering additional income which the assessee accepted to tax), and validly exercised its discretion under Section 245H to grant immunity from prosecution and penalty. The High Court erred in remanding the immunity issue; the Commission's reasoned order dated 04.03.2008 is restored.

Source excerpt

  • Section 245h
  • Section 245c
  • Settlement commission
  • Immunity from prosecution and penalty
  • Remand
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Civil procedure

SURESH LATARUJI RAMTEKE versus SAU. SUMANBAI PANDURANG PETKAR & ORS.

The High Court erred in framing substantial questions of law on the second date of hearing without giving the parties adequate time to meet those questions and in overturning concurrent findings of fact on readiness and willingness without calling for or perusing the trial record; the impugned judgment dated 30.09.2022 is set aside and the matter is remanded to the High Court for fresh consideration in accordance with law.

Source excerpt

  • Section 100 cpc
  • Substantial question of law
  • Second appeal
  • Findings of fact
  • Remand
  • Opportunity of hearing
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.