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Showing posts from May, 2024

Arrest Shall Vitiate If Grounds Of Arrest Not Communicated In Writing

On 15.05.2024, a Division Bench of the Hon'ble Supreme Court of India in Criminal Appeal No. 2577 of 2024 titled Prabir Purkayastha Vs. State (NCT of Delhi) has decided on a substantial question of law relating to the legality of arrest where the grounds of arrest are not communicated to the arrested person in writing, wherein, Mr. Prabir Purkayastha (Appellant) was arrested in connection with an offence punishable under Sections 13, 16, 17, 18, and 22C of the UAPA read with Sections 153A and 120B of the IPC vide an arrest memo which did not contain grounds of his arrest. He was produced before the Court and was remanded to 7 days of police custody, therefore, he challenged his arrest and authorization of police custody before the High Court which was rejected and the said judgment was challenged by him before the Supreme Court.  Arrest and authorization of police custody of Mr. Purkayastha were challenged on the ground that the grounds of arrest were not informed to him either o...

Subsequent Purchasers Will Be Bound By Lis Pendens

  On 03.05.2024, a Division Bench of the Hon'ble Supreme Court of India in Civil Appeal No. 2991 of 2024 titled Chander Bhan (D) Through LR Sher Singh Vs. Mukhtiar Singh & Ors. has decided on a substantial question of law relating to the doctrine of lis pendens and rights of subsequent purchaser, wherein, the Appellant and Respondent No. 3 entered into an agreement to sell a piece of land for a total consideration of Rs. 8 lakhs, where Rs. 2.50 lakhs was paid at the time of agreement and the remaining amount was agreed to be paid at the time of execution of the sale deed, which was to be executed on or before 10.11.2004. A temporary injunction was granted to the Appellant against Respondent No. 3 on the suit property in a suit for a permanent injunction on the ground that the R3 was likely to alienate the suit property. On the very same day, R3 executed a “release deed” in favour of his son (R4). Subsequently, R4 executed a sale deed in favour of R1 & R2 for the suit pro...