Search Results for "safeguards against misuse"

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Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

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Supreme Court Dismisses Challenge to FCRA Provisions on Political Nature Declaration. Right to Receive Foreign Contribution Not a Fundamental Right Under Article 19; Guidelines in Rule 3 Not Vague or Arbitrary.

The appellant, Indian Social Action Forum (INSAF), a registered society involved in resisting globalization, combating communalism, and defending demo...

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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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Supreme Court Dismisses State Appeal and Upholds Striking Down of State Government’s Power to Extend Section 144 Orders Beyond Two Months. Extension of Magisterial Orders by Executive Fiat Without Judicial Review Held Violative of Article 19(1)(b),(c),(d) and Not Saved by Reasonable Restrictions.

The dispute involved a constitutional challenge to the second part of section 144(6) of the Code of Criminal Procedure, 1898, which permitted the Stat...

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Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...

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Bombay High Court Dismisses Petition Challenging Online Submission of Form F and Installation of Silent Observer under PC&PNDT Act. Court Holds that Online Submission and Silent Observer Are Valid Measures to Curb Female Foeticide and Do Not Violate Privacy.

The writ petition under Article 226 of the Constitution was filed by the Radiological & Imaging Association (State Chapter- Jalna) challenging two cir...