Search Results for "application of mind"

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Search Results for "application of mind"

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High Court

Bombay High Court Allows Petition Challenging SEBI Summons Under Article 227 and BNSS 2023 — Summons Issued Without Proper Application of Mind Quashed. SEBI's Power Under Section 11(2) and 11(3) of SEBI Act, 1992 Must Be Exercised with Due Application of Mind and Not as a Routine Matter.

15 Jul 2026

The petitioner, Neville Tuli, an entrepreneur aged 61, filed a writ petition under Article 227 of the Constitution of India and Section 528 of the Bha...

High Court

Bombay High Court Allows Appeal in Income Tax Exemption Case — Remands for Fresh Consideration of Registration Under Section 12AB of Income Tax Act, 1961. The court held that the rejection of exemption registration was procedurally flawed as the Assessing Officer failed to consider the appellant's reply and the order was passed without proper application of mind.

1 Jan 2026

The appellant, Uttar Bhartiya Education Society, is a trust/society running educational institutions. It applied for registration under Section 12AB o...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

24 Jul 2025

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

High Court

High Court of Karnataka Quashes Show Cause Notice for Willful Defaulter Declaration Due to Lack of Application of Mind — Bank Issued Notice Without Considering Petitioner's Reply or Providing Adequate Opportunity Under RBI Master Circular.

25 Apr 2025

The petitioner, B.G. Chandrashekar, a borrower from Canara Bank, defaulted on a loan of Rs. 7,07,94,378/-. The bank initiated recovery proceedings und...

High Court

High Court of Karnataka Quashes Sanction Order and Charge Sheet Against Assistant Engineer in Disproportionate Assets Case — Failure to Apply Mind and Lack of Prima Facie Evidence. The court held that the sanction under Section 19 of the Prevention of Corruption Act, 1988 and the charge sheet were unsustainable as they did not consider the petitioner's explanation and lacked material to show criminal misconduct.

17 Apr 2025

The petitioner, B.C. Sandeep, an Assistant Engineer with the Bruhat Bengaluru Mahanagara Palike (BBMP), filed a writ petition under Article 226 of the...

High Court

Bombay High Court Partly Allows Quashing Petition in Extortion Case — MCOCA Approval Set Aside for Lack of Application of Mind. FIR under Section 387 IPC Upheld as Prima Facie Case Exists, but Sanction Under Section 23(1) MCOCA Quashed as Mechanical and Without Proper Satisfaction.

14 Dec 2021

The Applicant, Hemant Dhirajlal Banker, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.303/...

High Court

Bombay High Court Allows Revision Against Magistrate's Order Refusing Police Investigation Under Section 156(3) CrPC in Hit-and-Run Case. Court Holds That Magistrate Must Apply Mind to Complaint and Pass Speaking Order, Not Merely Direct Inquiry Under Section 202 CrPC.

8 Dec 2020

The applicant, Smt. Rekha Shambharkar, filed a criminal application before the Bombay High Court challenging an order dated 22/10/2012 passed by the J...

High Court

Bombay High Court Quashes Sanction Order in Corruption Case Against Range Forest Officer — Sanction Granted Without Application of Mind. Sanction under Section 19(1)(b) of Prevention of Corruption Act, 1988 set aside as sanctioning authority failed to independently consider material evidence.

12 Oct 2020

The petitioner, Rajendra Gangadhar Rane, a Range Forest Officer, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of Indi...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Invalid Sanction. Sanction order under Prevention of Corruption Act, 1988 must show application of mind and failure to do so vitiates prosecution.

20 Feb 2020

The State of Maharashtra filed an appeal against the acquittal of the respondent (original accused) by the Special Judge, Pune, for offences under Sec...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Application of Mind. Externment order under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as the Deputy Commissioner of Police failed to independently consider in-camera statements and relied solely on the proposal.

10 Jan 2020

The petitioner, Rahul alias Pintu alias Kalu S/o Laxman Nikose, challenged an externment order dated 16.03.2019 passed by the Deputy Commissioner of P...

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