Search Results for "Non-application of Mind"

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Search Results for "Non-application of Mind"

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High Court

Bombay High Court Quashes Rejection of Forest Rights Claim Under Forest Rights Act, 2006 — Remands for Fresh Consideration Due to Non-Application of Mind. The impugned order was cryptic and did not record any reasons for rejection, violating the requirement of a speaking order under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

10 Apr 2017

The petitioner, Lalba Nana Bethekar, claiming to be a member of the Korku Scheduled Tribe, filed an application under Section 3 of the Scheduled Tribe...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity.

12 Jul 2016

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.1...

High Court

Bombay High Court Quashes Removal Order in Disciplinary Matter Due to Non-Application of Mind by Disciplinary Authority. Disciplinary Authority's Disagreement with Enquiry Officer's Findings Without Proper Reappreciation of Evidence Rendered Punishment Invalid.

13 Jun 2016

The petitioner, Dhirendra Kumar Pannalal Dixit, a post-graduate in Power Engineering, was appointed as a Lecturer at Visvesvaraya Regional College of ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Verification of In-Camera Statements. The court held that the detaining authority must consider bail conditions and verify in-camera statements under Section 3(4) of the MPDA Act, 1981.

26 Apr 2016

The petitioner, Lalya @ Kishor Arun Waghmare, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Of...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Custody at Time of Order. The court held that the detaining authority must consider the likelihood of release on bail when the detenu is in custody; failure to do so renders the detention order invalid.

16 Apr 2016

The petitioner, Shahrukh Yunus Khan, challenged a preventive detention order passed by the Commissioner of Police, Pune City, on 23 December 2015 unde...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detaining Authority Failed to Consider All Grounds of Detention. Single Case in Paragraph 4(a) Considered, Paragraph 5 Ignored, Vitiated Order.

22 Mar 2016

The petitioner, Suman Sudhakar Jadhav, mother of the detenu Ganesh Sudhakar Jadhav @ Kalya Ganya, filed a writ petition under Article 226 of the Const...

High Court

Bombay High Court Quashes Tender Award Due to Arbitrariness in Technical Evaluation. Petitioner's Bid Rejected Without Proper Consideration of Clarifications, Court Directs Reconsideration.

17 Mar 2016

The petitioner, Kartikay Exploration and Mining Services Pvt. Ltd., challenged the award of a tender by the National Centre for Antarctic and Ocean Re...

High Court

Bombay High Court Dismisses Successive Writ Petition Challenging Detention Order Under MPDA Act on Grounds of Res Judicata and Constructive Res Judicata. Fresh Grounds of Delay in Execution and Non-Application of Mind Held Not Maintainable as They Could Have Been Raised in Earlier Petition.

14 Mar 2016

The petitioner, Rashid @ Jagga Shaukat Hussein Sayyed, filed a criminal writ petition under Article 226 of the Constitution of India challenging an or...

High Court

Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

28 Jan 2016

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay and Non-Application of Mind. Preventive detention order set aside as detaining authority failed to consider vital documents and exhibited casual approach.

7 Jan 2016

The petitioner, brother of the detenu Siraz Mohammed Sayyed, challenged a detention order dated 10 July 2015 passed under Sections 3(1)(ii) and 3(1)(i...

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