Search Results for "Procedural safeguards"

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Failure to Furnish Copy of Requisition for No-Confidence Motion Does Not Invalidate the Motion: Bombay High Court. Bombay High Court Upholds Validity of No-Confidence Motion Despite Non-Service of Requisition Copy to Sarpanch

The failure to furnish a copy of the requisition to the Sarpanch under Rule 2(2) of the No Confidence Motion Rules does not invalidate a no-confidence...

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Supreme Court Dismissed Appeals Seeking Quashing of FIRs Based on Procedural Lapse – Affirmed Prospective Application of Affidavit Requirement in Section 156(3) CrPC Complaints

a) Judicial decisions are presumed retrospective unless stated otherwise; however, procedural safeguards can be prospective to avoid undue hardship (P...

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Policy Strategy for Grant of Bail – Constitutional and Statutory Powers on Remission – Procedural Safeguards for Grant and Revocation.

Judicial Examination of Remission Powers – Interpretation of Section 432, Code of Criminal Procedure, 1973 and Section 473, Bharatiya Nagarik Suraks...

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Supreme Court Nullifies Disciplinary Penalty Against Retired Medical Officer. “Vindication for the appellant as disciplinary actions declared arbitrary, with justice triumphing over executive misconduct.”

The Supreme Court of India, examined the legality of disciplinary proceedings initiated against a retiring Senior Medical Officer for alleged mis...

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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Supreme Court Holds Dispute Resolution Clause in Municipal Concession Agreements Constitutes Mediation, Not Arbitration. Article 20 of Concession Agreements Prescribes Mediation by Commissioner, Lacking Essential Elements of Arbitration Clause.

The Supreme Court of India heard three civil appeals arising from separate proceedings before the Delhi High Court, all concerning the interpretation ...

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Supreme Court Quashes Gangster Act Proceedings for Lack of Violence Allegations and Non-Application of Mind. Definition of 'Gang' Under Section 2(b) of Uttar Pradesh Gangsters Act Requires Violence or Threat; Procedural Rules Mandate Independent Application of Mind by Authorities.

The Supreme Court allowed the appeals filed by Vinod Bihari Lal against the State of Uttar Pradesh and another, quashing the proceedings under the Utt...

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"High Court Strikes Down Reassessment Order Against Wavy Construction LLP as Time-Barred" "Reassessment proceedings held invalid due to exceeding statutory limitation under the Income Tax Act, 1961."

The Bombay High Court quashed the reassessment order dated September 30, 2022, passed against Wavy Construction LLP under Sections 147, 143(3), and 14...

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"Fraud Vitiates Contracts: Bombay High Court Upholds Termination Over Forged Bank Guarantees." "Integrity in public contracts remains paramount—fraud nullifies all claims."

The Bombay High Court dismissed the writ petition filed by Petitioner challenging the termination of its railway contract. The court held that the sub...

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A Reference on the Scope of Default Bail under Section 167(2) CrPC" "Examining the interplay between the right to default bail and procedural safeguards for personal liberty under Article 21."

The Bombay High Court resolves conflicting views on whether the right to default bail under Section 167(2) CrPC applies to an accused arrested post-fi...