Search Results for "safeguards against misuse"

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Bombay High Court Quashes Seizure of Sonography Machine for Violation of Natural Justice under PC & PNDT Act. Failure to Provide Opportunity to Disprove Presumption Before Drawing Adverse Inference Renders Action Illegal.

The petitioner, Dr. Sujit Govind Dange, a medical practitioner, challenged the legality of a notice/order dated 21.6.2011 passed by the Medical Office...

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Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

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Supreme Court Upholds Preventive Detention Order Beyond Three Months Under Preventive Detention Act, 1950. Interpretation of 'Such Detention' in Article 22(4)(a) of the Constitution Confirmed to Refer to Preventive Detention, Not Period of Detention.

The case involved a constitutional challenge to an order of preventive detention under the Preventive Detention Act, 1950, as amended. The appellant, ...

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Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

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Bombay High Court Dismisses PIL Challenging SEBI's Power to Call Call Data Records. SEBI's Investigative Powers Under Section 11 of SEBI Act, 1992 Include Access to CDRs, and Such Access Does Not Violate Right to Privacy.

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by the Indian Council of Investors challenging the Securities and Exchange Bo...