Search Results for "Non-compliance with mandatory rules"

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case arises from a Letters Patent Appeal against a judgment dated 2nd February 1988 passed by a learned Single Judge of the Bombay High Court in F...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case involves a Letters Patent Appeal arising from a judgment dated 2nd February 1988 passed in First Appeal No.4 of 1978 by a learned Single Judg...

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Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

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Bombay High Court Dismisses Election Petition for Non-Compliance with Section 81(3) and Section 83 of the Representation of the People Act, 1951 — Petition Lacked Material Facts and Proper Verification.

The petitioner, Sambhaji Laxmanrao Pawar, filed an election petition under the Representation of the People Act, 1951, challenging the election of Res...

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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.

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

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Bombay High Court Dismisses Petitions Challenging No-Confidence Motion Against Sarpanch in Gram Panchayat Dispute. Court holds that the motion was validly passed by a majority of members and the petitioners failed to establish any procedural irregularity under the Maharashtra Village Panchayats Act.

The case involves a dispute regarding a no-confidence motion passed against the Sarpanch of Gram Panchayat Kasbe Sukene, Taluka Niphad, District Nashi...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act, 1985. Secret Information Not Forwarded to Superior Officer, Search Vitiated.

The appellant, Kallumal Jaidmal Kukareja @ Kallumama, was convicted by the NDPS Special Judge, Greater Bombay, for an offence punishable under Section...

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Bombay High Court Dismisses Petition Challenging Termination Based on Resignation Withdrawal After Acceptance. Resignation Withdrawal Must Precede Acceptance to Be Valid Under MEPS Act, 1977.

The petitioner, Sayyed Maksood Ali Sayyed Roshid Ali, was appointed as an Assistant Teacher on 17-1-1985 and promoted as Head Master on 10-10-2004. He...

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Supreme Court Upholds Conviction in Food Adulteration Case Despite Procedural Lapses. Substantial Compliance of Section 13(2) of Prevention of Food Adulteration Act, 1954 Sufficient When No Prejudice Caused.

The appellant Vijendra was convicted under Section 7(1)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for selling adulterated buffalo m...