Search Results for "procedural fairness"

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Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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Restitution in Court Auction Sales: Upholding Justice Amidst Procedural Challenges Interpretation and Application of Section 144 CPC

Restitution of Judgment Debtors in Court Auction Sales: Interpretation and Application of Section 144 CPC The legal issue in this appeal revolves aro...

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Supreme Court Quashes Conviction in Prevention of Corruption Act Case Due to Procedural Irregularities. Appellate Court's Decision Without Trial Court Records Violates Section 385 CrPC and Article 21 of Constitution, Requiring Fresh Consideration.

The Supreme Court considered an appeal arising from a corruption conviction under the Prevention of Corruption Act, 1988. The appellant had been convi...

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Bombay High Court Holds Amendment Extending Period for Acquisition of Reserved Land Under Section 127(1) of MRTP Act Applies to Notices Served Before Amendment — Landowner's Right to Deemed Lapse Not Affected Retrospectively.

The case involves a reference to a Full Bench of the Bombay High Court arising from a writ petition concerning the interpretation of Section 127(1) of...

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High Court of Bombay Upholds Labour Court Award in Favor of Workman in MSRTC Dismissal Case — 25% Back Wages Granted for Procedural Violation. Dismissal Quashed as Enquiry Officer Was Not Appointed by Competent Authority Under Section 6(6) of Industrial Disputes Act, 1947.

The petitioner, the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and award dated 4.8.2018 of...

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Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Accused in Rape and Murder Case — Non-Compliance with Section 235(2) CrPC and Supervening Mental Illness Considered

The Supreme Court of India heard a review petition filed by an accused (referred to as 'Accused X') against his conviction and death sentence for the ...