Habeas Corpus: Whether Habeas Corpus Petition maintainable against remand order? The Apex Court

-


 


In the Matter of Gautam Navlakha Vs National Investigation Agency: The Hon'ble Apex Court has held that remand order can only be challenged in case remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, of it is passed in an absolutely mechanical manner.

Comments

Post a Comment

Popular posts from this blog

Can the right to mesne profits be attached in execution of a decree?

-
 A crucial question arises: Can the right to mesne profits be attached in execution of a decree? Yes, the right to mesne profits can be attached and executed under Order 21, Rule 42 of CPC. If a decree is passed for possession along with mesne profits, the decree-holder can apply for execution to recover the mesne profits. However, if mesne profits are unascertained , a separate inquiry under Order 20, Rule 12 of CPC is required to determine the exact amount before execution.
Read more

Brief Outline & Bird’s Eye View of The Juvenile Justice (Care and Protection of Children) Act, 2015

-
  Brief Outline & Bird’s Eye View of The Juvenile Justice (Care and Protection of Children) Act, 2015 Objective: This Act provides a comprehensive legal framework for the protection, care, rehabilitation, and justice for children, particularly those in conflict with the law and those in need of care and protection. It aligns with international standards, including the UN Convention on the Rights of the Child. Bird’s Eye View (Key Highlights) Focus on Rehabilitation Over Punishment – Emphasizes reformation and social reintegration of children. Juvenile Justice Board (JJB) – Handles cases of children in conflict with law (juvenile offenders). Child Welfare Committee (CWC) – Looks after children in need of care and protection. Age-based Classification – Below 16 years – Always treated as juveniles. 16–18 years (heinous crimes) – Subject to preliminary assessment and can be tried as adults if necessary. Institutionalization as a Last Resort – Prefe...
Read more

Topic-wise test series on the Bharatiya Sakshya Adhiniyam, 2023 to help you prepare for the Judicial Services Preliminary Examination

-
Topic-wise test series  on the  Bharatiya Sakshya Adhiniyam, 2023  to help you prepare for the  Judicial Services Preliminary Examination . 🔍 Topic-Wise MCQs on Bharatiya Sakshya Adhiniyam, 2023 📌 Topic 1: Relevancy of Facts (Sections 3-50) A is accused of bribing a government official. The prosecution introduces evidence that A had previously bribed another official. Is this admissible? a) Yes, because it establishes a pattern of behavior b) No, because prior misconduct is not relevant c) Yes, but only if the previous act was prosecuted d) No, because character evidence is inadmissible ✅  Answer:   a) Yes, because it establishes a pattern of behavior 🔹  Explanation:  Under  Section 13 , prior similar incidents  may be relevant  if they help prove whether an act was accidental or intentional. A is on trial for theft. The prosecution presents evidence that A was caught committing a similar theft a year ago. Is this admissible? a) ...
Read more