Search Results for "Non-application of Mind"

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Search Results for "Non-application of Mind"

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High Court

Bombay High Court Quashes Externment Order Under Section 56(1) of Bombay Police Act, 1951 for Non-Application of Mind. Mere Registration of Four Criminal Cases Does Not Justify Externment Without Subjective Satisfaction.

18 Nov 2013

The petitioner, Zubair Shah, filed a criminal writ petition challenging an externment order dated 18th March 2013 passed by the Sub Divisional Magistr...

High Court

Bombay High Court Quashes Section 111 CrPC Show Cause Notices for Lack of Subjective Satisfaction and Non-Application of Mind. Show cause notices issued under Section 111 CrPC based on FIRs without recording subjective satisfaction and without disclosing grounds are invalid and liable to be quashed.

3 Sep 2013

The petitioners, Farhan Nasir Khan and Jhanzeb Amir Kamal Khan @ Guddu Pathan, filed two criminal writ petitions under Article 226 of the Constitution...

High Court

Bombay High Court Quashes Externment Order in Bombay Police Act Case Due to Stale Material and Non-Application of Mind. Externment under Section 56(1)(a) and (b) of Bombay Police Act, 1951 set aside as show cause notice relied on only two old cases from 2009 without nexus to petitioner's current behaviour.

30 Jul 2013

The petitioner, Mr. Ajay Manbodhprasad Gupta, filed a writ petition challenging an externment order dated 20th February 2012 passed by the Deputy Comm...

High Court

Bombay High Court Quashes COFEPOSA Detention Orders for Smuggling of Red Sanders/Sandalwood — Failure to Consider Less Restrictive Alternatives and Non-Application of Mind. Preventive detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider possibility of prosecution under Customs Act and failed to apply mind to relevant material.

24 Jul 2013

The Bombay High Court allowed two habeas corpus writ petitions challenging detention orders dated 21 February 2013 issued under Section 3(1) of the Co...

High Court

Bombay High Court Quashes Executing Court Order for Non-Application of Mind in Decree Satisfaction Dispute. Remands Matter for Fresh Consideration of Adjustment Principles Under Civil Procedure Code.

18 Jul 2013

The petitioner, M/s Shyam Builders, the original decree holder, challenged the order dated 15.12.2001 passed by the Executing Court in Special Darkhas...

High Court

Bombay High Court Quashes Reference Order in Industrial Dispute Over Contract Labour - Lack of Employer-Employee Relationship and Non-Application of Mind by Government. The court held that the government must prima facie satisfy itself about the existence of an employer-employee relationship before referring a dispute concerning contract labour under Section 10(1) of the Industrial Disputes Act, 1947.

18 Jul 2013

The petitioner, Voltas Limited, challenged an order of reference dated 9 July 2012 made by the State of Maharashtra under Section 10(1) of the Industr...

High Court

Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

28 Jun 2013

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

Bombay High Court Quashes Administrative Tribunal Order in Land Revenue Appeal — Failure to Consider Evidence and Lack of Jurisdiction. The Tribunal's order was set aside for non-application of mind and jurisdictional error under the Land Revenue Code.

8 Mar 2013

The petitioners filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, seeking to quash an order...

High Court

Bombay High Court Allows Second Appeals in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. First Appellate Court Failed to Independently Re-Appreciate Evidence, Rendering Its Judgment Perverse and Liable to Be Set Aside Under Section 100 of the Code of Civil Procedure, 1908.

30 Nov -0001

The present matter involves two second appeals arising from a property dispute between the appellants, Bhagirathibai and Wanmala, and the respondents,...

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