Search Results for "vitiates order"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "vitiates order"

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High Court

Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

4 May 2026

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

High Court

High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay and Lack of Public Order Nexus. The court held that a 133-day delay between the last prejudicial act and the detention order, without explanation, severed the live link required under Section 3(1) of the MPDA Act, 1981, and the solitary offence did not establish a threat to public order under Section 2(b-1).

16 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a criminal writ petition challenging a preventive detention order under the Maharashtr...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Service on Detenue in Judicial Custody and Reliance on Irrelevant Material. The court held that failure to serve detention order promptly and reliance on a case where detenue was not involved vitiates the subjective satisfaction under the MPDA Act.

1 Oct 2025

The petitioner, Dikshant @ Dadu Devidas Sapkale, challenged a preventive detention order dated 18.07.2024 passed by the District Magistrate, Jalgaon u...

High Court

High Court of Karnataka Quashes Retention and Transfer Orders in BESCOM Employee Dispute — Violation of Natural Justice and Seniority Rights. Petitioner's Transfer and Retention of Junior Colleague Set Aside as Arbitrary and Contrary to Established Service Rules.

10 Nov 2021

The petitioner, Sri D. Naveen, an Assistant Engineer (Electrical) with BESCOM, challenged two orders: (1) Annexure-J dated 12.3.2021, which retained t...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Less Restrictive Alternatives Renders Detention Unreasonable. Court held that the Detaining Authority must consider the possibility of resorting to less drastic measures like cancellation of bail or prosecution before ordering preventive detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981.

27 Feb 2020

The petitioner, Rakesh Mohan Gadekar, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers,...

Supreme Court

Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

16 Oct 2019

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

Supreme Court

Supreme Court Upholds Preventive Detention Orders Under COFEPOSA for Gold Smuggling — High Court's Quashing Set Aside for Non-Application of Mind Regarding Bail Likelihood. The Court held that the detaining authority must record satisfaction of imminent bail possibility, but service of documents within statutory period is valid.

18 Jul 2019

The Supreme Court of India heard appeals against the Bombay High Court's judgment dated 25.06.2019 quashing preventive detention orders passed under S...

High Court

Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

8 Aug 2016

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

High Court

Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

8 Aug 2016

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...

High Court

Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

6 May 2014

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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