Search Results for "application of mind"

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Search Results for "application of mind"

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Supreme Court

Supreme Court Allows Appeals Against Preventive Detention Under PITNDPS Act for Lack of Application of Mind to Custody and Bail Likelihood. Detention Orders Quashed as Detaining Authority Failed to Record Satisfaction That Detenus in Judicial Custody Were Likely to Be Released on Bail and Would Indulge in Prejudicial Activity.

20 Dec 2024

The Supreme Court considered appeals against the dismissal of writ petitions challenging preventive detention orders under the Prevention of Illicit T...

Supreme Court

Supreme Court Cancels Bail Granted by High Court in Murder Case — Bail Granted Without Proper Application of Mind and on Ground of Parity with Co-Accused Whose Bail Was Later Cancelled. The Court held that bail in heinous crimes requires careful consideration of material on record, and reasons for cancellation of bail of a co-accused apply proprio vigore to others granted bail on parity.

5 Apr 2024

The present appeals arise from orders of the High Court of Judicature at Allahabad granting bail to three accused, Abdullah, Nasir, and Muzammil, in c...

High Court

Bombay High Court Upholds Magistrate's Order Issuing Process in Criminal Complaint — Order Reflects Application of Mind Despite Being Brief. Magistrate's one-paragraph order considered complaint allegations, documents, and court orders, satisfying requirement of judicial application of mind under Section 204 CrPC.

10 Sep 2018

The petitioner, Pramod Kumar Agrawal, challenged an order passed by the learned Magistrate on 7.11.2014 issuing process against him in a criminal comp...

High Court

Bombay High Court Dismisses Petition Challenging Sanction for Prosecution Under Prevention of Corruption Act — Sanction Order Not Required to Be a Speaking Order. Court held that the sanction order under Section 19 of the Prevention of Corruption Act, 1988 need not contain detailed reasons and can be based on material placed before the sanctioning authority.

12 Jul 2018

The petitioner, Nandlal Chaturvedi, filed a criminal writ petition under Article 227 of the Constitution of India challenging the order dated 29th Jan...

High Court

Bombay High Court Allows Writ Petition Challenging Suspension Order Under Rule 10(2)(a) of CCS (CCA) Rules, 1965 — Suspension Set Aside as Not Based on Detention Beyond 48 Hours. The Court held that the suspension order was invalid because the petitioner was not detained in custody for a period exceeding 48 hours, as required under Rule 10(2)(a), and the order was passed without application of mind.

3 Apr 2018

The petitioner, Vitthal Budho Tayade, was employed as a District Youth Coordinator in the Nehru Yuva Kendra Sangathan at Thane, Maharashtra. He was ta...

High Court

Bombay High Court Quashes FIR Against Sugar Factory Officials in Prohibition Act Case — Minister's Order Lacks Sanction Under Section 59A. Court holds that prior sanction under Section 59A of Maharashtra Prohibition Act, 1949 is mandatory for prosecution of public servants and that a Minister's order without application of mind cannot substitute such sanction.

15 Dec 2017

The applicants, Balasaheb Mahadeo Lohar and Rajendra Daulat Dongare, were employees of Gangakhed Sugar & Energy Ltd. They filed a criminal application...

High Court

Bombay High Court Allows Writ Petition Challenging Mutation Entry Recording Exemption Under Urban Land Ceiling Act. Mutation Entry No. 813 dated 25th May 2009 set aside as it was made without notice to petitioners and without application of mind.

16 Nov 2017

The petitioners, Bombay Fibre Industries Pvt. Ltd. and its director Amit Kothari, filed a writ petition challenging Mutation Entry No. 813 dated 25th ...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Order Based on Non-Existent Grounds and Mechanical Confirmation. Externment order under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as the Sub-Divisional Magistrate failed to apply independent mind and the appellate authority confirmed without proper application of mind.

4 Aug 2017

The petitioner, Nikhil Suresh Rajput (Patil), filed a Criminal Writ Petition before the Bombay High Court challenging an externment order passed by th...

High Court

Bombay High Court Allows Husband's Petition to Set Aside Enhanced Maintenance Under Section 127 CrPC — Enhancement Without Proper Application of Mind and Without Considering Husband's Income Is Unsustainable. The revisional court's order enhancing maintenance from Rs. 1,500 to Rs. 2,500 per month was set aside for lack of application of mind and failure to consider the husband's income.

3 Jul 2017

The petitioner, husband, challenged the common judgment and order passed by the learned Additional Sessions Judge-1, Achalpur, in Criminal Revision No...

High Court

Bombay High Court Upholds Validity of Section 145 CrPC Proceedings in Multi-Party Disputes and Successive Orders. The court held that Section 145 CrPC applies to disputes involving more than two parties and that successive orders are permissible if fresh material shows a new apprehension of breach of peace.

25 Nov 2010

The case involves a group of writ petitions and intervention applications challenging the validity of proceedings under Section 145 of the Code of Cri...

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