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 Appeal in Drugs and Cosmetics Act Case Due to Non-Speaking Summoning Order. Magistrate Must Record Reasons Before Issuing Process Under Section 204 CrPC; Non-Compliance Renders Order Illegal.

27 Jan 2025

The Supreme Court allowed the appeal filed by M/s. JM Laboratories and others against the State of Andhra Pradesh, setting aside the impugned judgment...

High Court

High Court of Karnataka Quashes Prosecution Sanction Against Former Lokayuktha in Corruption Case — Sanction Order Held Invalid for Non-Application of Mind and Lack of Independent Consideration by Governor. The court held that the Governor's sanction under Section 19 of Prevention of Corruption Act, 1988 must reflect independent application of mind, and a mechanical endorsement of the investigating agency's proposal renders the sanction invalid, vitiating the entire prosecution.

22 Nov 2016

The petitioner, Dr. Y. Bhaskar Rao, a former Karnataka State Lokayuktha, was arraigned as accused no.7 in Spl.CC 429/2015 for offences under the Preve...

High Court

High Court of Karnataka Allows Revision Petition in Domestic Violence Case — Sets Aside Appellate Order for Lack of Proper Application of Mind. The court held that the appellate court's judgment was divergent and not sustainable under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005.

19 Jan 2016

The case involves a criminal revision petition filed by Sri Ramachandrachar against an order dated 23.12.2011 passed by the Presiding Officer, Fast Tr...

High Court

High Court of Karnataka Quashes Sanction Order Against Former Chief Minister in Corruption Case — Governor's Sanction Under Section 19 PC Act and Section 197 CrPC Set Aside for Non-Application of Mind. The court held that the sanction order was passed without application of mind and without considering relevant materials, and therefore quashed the order.

24 Nov 2015

The case involves a batch of writ petitions filed by Sri B.S. Yeddyurappa, the former Chief Minister of Karnataka, challenging the legality of a sanct...

High Court

High Court of Karnataka Quashes Prosecution of Financier for Non-Payment of Motor Vehicle Tax — Complaints Filed in Cyclostyled Forms Without Application of Mind. Magistrate's Cognizance and Process Set Aside as Complaints Did Not Disclose Essential Facts Constituting Offence Under Karnataka Motor Vehicle Taxation Act, 1957.

17 Apr 2015

The petitioner, the authorized signatory of ICICI Bank Ltd., was a financier of two motor vehicles bearing registration numbers KA-21/D-555 and KA-21/...

High Court

High Court of Karnataka Quashes Sanction Order in Corruption Case Due to Non-Application of Mind by Competent Authority. Sanction under Section 19 of Prevention of Corruption Act, 1988 must be granted after proper consideration of all material evidence, not merely based on police report.

7 Apr 2015

The petitioner, a public servant working as Deputy Electrical Inspector, was trapped by Lokayukta Police on 18.12.2010 while allegedly accepting a bri...

High Court

High Court of Karnataka Quashes Revisional Order in Private Complaint for Trespass and Mischief — Revisional Court's Mechanical Order Set Aside. Court holds that revisional court must apply mind and record reasons before interfering with dismissal of complaint under Section 203 Cr.P.C.

4 Mar 2015

The petitioner, Dr. Aravinda Rao H.T., was arrayed as accused No.4 in a private complaint filed by respondent No.1, P. Devdas Shetty, before the JMFC ...

High Court

Karnataka High Court Quashes Suspension Order of Attender in Private College — Suspension Without Application of Mind and for Extraneous Reasons. Order of Suspension Set Aside as It Was Passed Without Proper Application of Mind and Based on Extraneous Considerations, Including Prior Termination and Reinstatement.

20 Feb 2015

The petitioner, Smt. Chennamma, was employed as an attender at the National College, Basavanagudi, Bangalore, which is run by the National Education S...

High Court

Bombay High Court Quashes Process Issued in Private Complaint for Lack of Application of Mind — Magistrate Failed to Consider Police Enquiry Report Under Section 202 CrPC. Concurrent findings do not bar interference under Article 227 when the order is passed without considering the mandatory enquiry report.

18 Jan 2010

The petitioners, Vipin Bower and Vinus Bower, filed a criminal writ petition under Article 227 of the Constitution before the Bombay High Court, Nagpu...

High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOC Case for Invalid Sanction. Sanction Under Section 23(2) of MCOC Act Was Granted Without Application of Mind and Condition of More Than One Charge-Sheet Was Not Satisfied.

8 Jan 2010

The State of Maharashtra filed an appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) against an order dated 24...

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