Search Results for "application of mind"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "application of mind"

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High Court

Gujarat High Court Quashes Preventive Detention Order for Bootlegger Due to Lack of Material Showing Threat to Public Order. Detention under Section 2(b) of Gujarat Prevention of Anti-social Activities Act, 1985 set aside as mere registration of FIRs does not establish disturbance to public order.

6 Jan 2026

The petitioner, Dharmeshsingh @ Titu Bharatsingh Gosai (Rajput), through his brother Yashvantsinh Bharatsinh Gosai (Rajput), challenged a preventive d...

High Court

Bombay High Court Allows Appeals in MCOCA Case Due to Invalid Sanction and Lack of Application of Mind — Proceedings Quashed as Sanction Under Section 23(2) of MCOCA, 1999 Was Granted Without Independent Scrutiny of Material.

23 Dec 2025

The judgment arises from multiple criminal appeals filed by accused persons challenging the validity of proceedings under the Maharashtra Control of O...

High Court

High Court of Karnataka Quashes Reassessment Order and Notice Under Section 148A(d) and 148 of Income Tax Act, 1961 for Lack of Proper Application of Mind. Reassessment Initiated Based on Information from Investigation Wing Without Independent Satisfaction by Assessing Officer.

24 May 2023

The petitioner, Mr. Sanath Kumar Murali, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

High Court

Bombay High Court Quashes Damages and Interest Order Against Educational Institution in EPF Case Due to Lack of Mens Rea and Non-Application of Mind. The court held that imposition of damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 requires consideration of the employer's fault, and the authority must apply its mind to the explanation offered.

11 Jun 2015

The petitioners, Shree Hanuman Vyayam Prasarak Mandal and the Principal Vidarbha Ayurved Mahavidyalaya, challenged an order dated 29.11.2005 passed by...

High Court

Bombay High Court Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC — Applicant's Name Not in FIR, No Allegation of Demand or Acceptance of Bribe. The court held that the Magistrate's order refusing discharge was perverse for lack of application of mind and that the bar under Section 197 CrPC applies, requiring prior sanction for prosecution of a public servant.

22 Jan 2015

The applicant, Gajanan Modku Meshram, filed a criminal application under Section 482 CrPC seeking quashing of the order dated 16.3.2011 passed by the ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Discharge in MCOCA Case — Prior Approval and Sanction Found Valid. Court upholds framing of charges under MCOC Act against appellant for murder and organized crime, rejecting challenge to procedural compliance under Sections 23(1)(a) and 23(2) of the Maharashtra Control of Organized Crime Act, 1999.

25 Mar 2014

The appellant, Farman Imran Shah @ Karu, filed an appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) challengi...

High Court

High Court of Bombay at Goa Quashes Criminal Proceedings in Factories Act Case for Lack of Factual Details in Complaint. Magistrate's order taking cognizance set aside as complaint under Section 92 of Factories Act, 1948 did not disclose time, date, place or manner of alleged offence, rendering it unsustainable.

14 Feb 2014

The petitioners, who were the Managing Director, Director, and Joint Managing Director of M/s Waterways Shipyard Pvt. Ltd., filed a Criminal Writ Peti...

High Court

Bombay High Court Quashes MCOCA Prosecution for Invalid Sanction — Lack of Application of Mind by Sanctioning Authority. Sanction under Section 23(2) of Maharashtra Control of Organised Crime Act, 1999 must reflect due consideration of material; mechanical grant vitiates prosecution.

10 Nov 2006

The Bombay High Court disposed of four criminal writ petitions filed by Pradip Madgaonkar @ Bandya Mama, Vinod G. Asrani, and Jayant Rajaram Mule, cha...

High Court

Bombay High Court Remands Suit for Permanent Injunction Due to Lack of Reasoning in Trial Court Judgment. The appellate court set aside the trial court's decree and ordered retrial because the judgment failed to provide any reasoning or show application of mind on nine issues.

17 Oct 2006

The appellant, Ezlinda Fernandes, filed a suit for permanent injunction against respondents, including Patrociano Cabral, Vinci Cabral, and the State ...

High Court

Bombay High Court Dismisses CBI Petition Challenging Sanction for Prosecution in Corruption Case. Sanction order held valid despite not mentioning specific sections of Prevention of Corruption Act, 1988, as material placed before authority indicated offences.

30 Nov -0001

The petitioner, the Superintendent of Police, Central Bureau of Investigation (ACB), Pune, filed a Criminal Writ Petition under Article 226 of the Con...

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