Search Results for "non-speaking order"

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High Court Sets Aside Patent Opposition Dismissal for Lack of Reasoning and Non-Application of Mind. The court quashed the Deputy Controller's order as it failed to provide reasons and assess prior art under Section 25(2)(c) of the Patents Act, 1970, violating principles of natural justice.

The dispute arose from a post-grant opposition filed by the petitioner under Section 25(2)(c) of the Patents Act, 1970, challenging Patent No. IN 2830...

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High Court Partly Allows Writ Petition for Pay Scale Revision of Municipal Employee. Professional Tax Officer Entitled to Prescribed Pay Scale Under Gujarat Civil Services (Revision of Pay) Rules, 1998, with Arrears Limited to Three Years Prior to Filing Due to Continuous Wrong Doctrine.

The dispute involved a retired municipal employee who had served as a Professional Tax Officer from June 2009 until his retirement in August 2014. The...

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Supreme Court Dismisses Appeal by Former Judicial Officer in Sexual Offence Case, Upholding Charges Under Sections 376(2)(f), 417, and 506 IPC Based on Prima Facie Evidence of False Promise to Marriage and Exploitation

<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual rel...

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...

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Quashing of criminal proceedings – No violation of Drugs and Cosmetics Act, 1940 – Magistrate’s summoning order lacked reasons.

Code of Criminal Procedure, 1973 – Section 482 Quashing of Criminal Proceedings – High Court dismissed the petition under Section 482 of the Code ...

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SUMMONING ORDER MUST REFLECT APPLICATION OF JUDICIAL MIND. Summoning an accused is a serious matter – Magistrate must assign reasons – Non-speaking summoning order quashed

Acts & Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) – Section 482, Section 468(2), Section 202 Drugs & Cosmetics Act, 194...

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High Court Quashes Non-Admissible Appeal Order in MEIS Scrip Dispute. Resolving ambiguity in appeal provisions under the Foreign Trade (Development and Regulation) Act, 1992.

  Maintainability of Appeal: Rejection letters from JDGFT constitute appealable decisions under Section 15. The ADGFT acted within its jurisdictio...

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"Adjudication Order Set Aside Due to Lack of Reasoning: Court Remands for Fresh Hearing" "High Court emphasizes the need for reasoned and speaking orders to uphold principles of natural justice."

The High Court set aside the adjudication order made by the Deputy Commissioner of State Tax on the grounds of failure to provide reasons and lack of ...