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Bombay High Court Examines Legality of Preventive Detention Order Under MPDA Act, 1981 Citing Non-Application of Mind and Procedural Flaws. Detention Based on Stale Past Incidents and Improper Communication of Right to Representation Raises Concerns Under Article 22(5).

The petitioner, a resident of Aurangabad, filed a criminal writ petition under Article 226 of the Constitution of India challenging the preventive det...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Mechanical Exercise of Power. Detenu's Right to Make Representation Under Article 22(5) of Constitution Was Frustrated by Delayed Consideration and Failure to Supply Relevant Documents.

The petitioner, a friend of the detenu Mavin Keezhil Mohamed Aslam, filed a writ of habeas corpus under Article 226 of the Constitution challenging th...

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Karnataka High Court Pronounces Order in Writ Petitions Challenging Premature Transfers of Commercial Tax Officers Under Transfer Guidelines 2013. Transfer Orders Allegedly Violated Minimum Tenure Rule and Requirement of Prior Approval of Chief Minister.

The Karnataka High Court heard a batch of five writ petitions filed by commercial tax officers (Deputy Commissioners and Assistant Commissioners of Co...

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High Court of Karnataka Quashes Externment Order Against Petitioner in Police Act Case — Failure to Consider Less Restrictive Measures. Order under Section 55 of Karnataka Police Act, 1963 set aside as authority did not consider whether proceedings under Section 107 of CrPC would suffice.

The petitioner, a resident of Kunigal Taluk, challenged an externment order dated 15-12-2022 passed by the Assistant Commissioner and Sub Divisional M...

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Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

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High Court of Bombay at Nagpur Examines Whether Writ Petition Against Minister’s Order Under APMC Act Must Be Filed Before Division Bench Due to Lack of Locus Standi of Petitioners. Petitioners Challenge Amalgamation Order Passed Without Jurisdiction Under Section 43 of Maharashtra APMC Act.

The matter arose from a dispute concerning the amalgamation of Agricultural Produce Market Committee (APMC), Motala with APMC, Malkapur. Petitioners, ...

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Supreme Court Interprets 'Filed' in ITO Order as Termination of Proceedings Under Section 34 of Income-tax Act, 1922. The Order That a Case is 'Filed' Disposes of the Proceeding, Rendering Fresh Notice for Reassessment Valid.

The case arose from reassessment proceedings under the Income-tax Act, 1922. The Additional Income-tax Officer issued a notice under Section 34 and, a...