Search Results for "Constitutional Mandate"

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Supreme Court Addresses Constitutional Balance Between Forest Conservation and Human Rights in Assam Reserved Forest Encroachment Case -- Eviction Notices Challenged on Grounds of Arbitrariness and Violation of Natural Justice

The Supreme Court addressed multiple appeals and writ petitions challenging eviction notices issued by the Assam Forest Department to residents of vil...

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Supreme Court Quashes Charges Against Appellant in SC/ST Act Case Due to Lack of Prima Facie Evidence -- Investigation Upheld but Charges Under IPC and SC/ST Act Found Unsustainable

The Supreme Court examined an appeal challenging the High Court's dismissal of the appellant's discharge application -- The case originated from FIR N...

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Supreme Court Allows State's Appeal Against High Court Orders Granting Arrest Protection In Arms Licence Forgery Case -- Investigation To Proceed Without Protection Under IPC And Arms Act

The Supreme Court allowed criminal appeals filed by the State of Uttar Pradesh against High Court orders that granted protection from arrest to three ...

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Supreme Court Sets Aside Segregation of MLA's Trial in Communal Violence Cases - Appellant Appeal Allowed for Joint Trial with Co-Accused Under IPC Sections

The Supreme Court allowed criminal appeals filed by Mamman Khan, a sitting MLA from Haryana, challenging the segregation of his trial from co-accused ...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Preventive Detention Orders Quashed for Non-Compliance with Constitutional and Statutory Safeguards.

Constitution of India, 1950 (COI) – Article 21 – Protection of Life and Personal Liberty – Violation of Fundamental Rights due to De...

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Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

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Bail Granted Due to Long Incarceration. Article 21 of the Constitution of India – Right to Speedy Trial – Bail is the Rule, Jail is the Exception – Long Incarceration Without Trial Violates Fundamental Rights

The prolonged incarceration of an undertrial accused, without reasonable certainty of trial completion, violates Article 21 of the Constitution. (Para...

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Supreme Court Quashes Recruitment Process for Class-IV Posts in Jharkhand Due to Violation of Constitutional Mandate. Advertisement Dated 29.07.2010 Declared Void Ab Initio – Fresh Recruitment Ordered with Age Relaxation.

Advertisement Declared Void – The Supreme Court held that the advertisement dated 29.07.2010 was invalid and the recruitment process was null and v...