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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering ...

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Blacklisting Order Set Aside — Violation of Principles of Natural Justice — Procedural Irregularity in Policy Implementation

Constitution of India (COI) — Article 14 — Right to Fair Hearing — Blacklisting order violates principles of natural justice — Absence of prop...

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Supreme Court Restores Recount of Votes in Gram Pradhan Election Dispute. Upholding the Sanctity of Electoral Process – Recount Ordered for Disputed Polling Booths

(a) Electoral integrity and fairness are paramount to democratic principles (Para 14). (b) Discrepancy in vote count and missing election documents j...

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Bombay High Court Quashed the Cancellation of Appointment Due to Distance Education MBA Degree – Appointment Order Stands Restored. Reinstatement of Appointment Order Dated 27th April, 2017 – Cancellation Letter Dated 12th December, 2017 Set Aside – Bank Directed to Permit Joining Within 30 Days

Constitution of India, 1950 – Article 226 – Writ Jurisdiction – Judicial Review – Employer’s Discretion on Qualifications – Court’s Powe...

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High Court of Bombay at Goa Upholds Screening Criteria under Manohar Parrikar Goa Scholars Scheme. Court Declines Relief to Petitioner Citing Legislative Prerogative in Policy Matters

The court ruled that the classification made under the scheme had a rational nexus with its objective and did not suffer from arbitrariness. The legi...

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Denial of Approval for Open Distance Learning and Online Programmes Quashed Due to Violation of Natural Justice

Violation of Natural Justice – UGC failed to provide an opportunity for hearing, which was mandatory despite its administrative nature. (Para 17, 21...

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High Court Quashes Land Acquisition for Navi Mumbai Project Due to Non-Compliance with Section 5A of the Land Acquisition Act, 1894. Court Upholds Farmers' Right to Hearing in Land Acquisition Proceedings, Strikes Down Urgency Clause Invocation

Section 5A of the Land Acquisition Act, 1894 – Mandatory provision for hearing objections before land acquisition. Non-compliance renders acquisitio...

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Supreme Court Clarifies Arrest Powers Under Customs Act and GST Acts: Safeguards and Judicial Review. Balancing Individual Liberty and State Authority in Tax Evasion Cases

Arrest Powers Under Customs Act and GST Acts:-- The Supreme Court upheld the constitutional validity of arrest provisions under the Customs Act, 1962...

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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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Supreme Court Upholds Enforceability of Public Procurement Policy for Micro and Small Enterprises (MSEs) – Directs Review of Minimum Turnover Clauses in Tenders

Court Emphasizes Statutory Duty of Government to Procure 25% from MSEs – Guidelines Issued for Effective Implementation of Procurement Policy T...