Criminal Procedure Code, 1973, Section 50, 482 -- Remand order - Quashing of order - Petitioner was not furnished with grounds of arrest as mandated u/s 50 Cr.P.C - Arrest memo and remand orders reflect that only a printed format memo was provided without mentioning grounds of arrest - Even, no effort was made by Magistrate to ensure adequate legal aid to accused and..........
Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest - Non compliance of mandate of S.50 of the Code - Arrest followed by consequential remand order set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to accused in writing - Arrest is unconstitutional - Custody of accused on orders of remand also vitiated - Filing of charge sheet and order of cognizance does not validate an arrest which is per se unconstitutional - Order of remand, set..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Before remitting the matter back to lower Court, appellate Court is expected to set aside the judgment and decree passed by trial Court on merits and draw a conclusion that retrial of case is necessary - These two conditions are sine qua non for applicability of O.41.R.23-A CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Mere fact that appellate Court has enabling power to permit parties to lead additional evidence, that cannot be the only ground to remit the matter back to lower Court...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18 -- Juvenile - Special home - It is mandate of law to remand a juvenile offender tried under the Act to a special home only on establishment of his guilt - He cannot be remanded to any other correctional facilities...........
Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, Section 3 -- Resumption of assigned land - Assignment of subject land was under the revised assignment policy - No material produced by petitioners and discussed by High Court to show that assignment of subject lands was on collection of market value - Judgment of High Court is founded on misconception that..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matter can be remitted back by appellate Court to Lower Court U.O.21.R.23-A CPC only after judgment of Lower Court is set aside on merits and retrial of case is considered necessary...........
