Search Results for "Procedural Violations"

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High Court of Karnataka Quashes FIR Against Accused in UAPA and BNS Case for Lack of Sanction Under Section 13 of UAPA — Failure to Obtain Prior Approval from Central Government Renders Investigation Invalid

The case involves two criminal petitions filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR in Cri...

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Supreme Court Allows State to Enhance Royalty/Dead Rent in Mining Leases Despite Absence of Express Clause. Statutory Provisions Under Section 15(3) of MMDR Act and Rules 10 and 21 of Punjab Minor Mineral Concession Rules, 1964 Impliedly Authorize Enhancement During Subsistence of Lease.

The Supreme Court considered two civil appeals arising from Special Leave Petitions filed by the State of Haryana against judgments of the Punjab and ...

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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Challenge to Arbitral Award on Valuation Grounds: Court Considers Admission and Unconditional Stay. A petition under Section 34 of the Arbitration and Conciliation Act questions an award's reliance on an unproven valuation report, citing procedural lapses and natural justice violations.

The petition challenges an arbitral award dated November 23, 2023, under Section 34 of the Arbitration and Conciliation Act, 1996. The award directed ...

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Supreme Court Upholds Dismissal of CISF Constable for Misconduct Under CISF Rules. Appellate Authority's Enhancement of Punishment from Reduction of Pay to Dismissal Held Valid as Judicial Review Limited to Checking Gross Disproportionality or Procedural Errors.

The dispute involved a constable in the Central Industrial Security Force (CISF) who was found sleeping on duty and allegedly assaulted a senior offic...

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Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...