Search Results for "application of mind"

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Search Results for "application of mind"

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High Court

High Court of Karnataka Quashes Approval for Investigation Against Public Servant Under Section 17A of Prevention of Corruption Act, 1988 — Approval Granted Without Application of Mind and Without Considering Relevant Material

4 Oct 2023

The petitioner, Smt. Shreeroopa, a public servant, challenged an order dated 19.08.2023 passed by the State of Karnataka granting approval under Secti...

High Court

Bombay High Court Allows Petition Challenging SEIAA's Deferral of Environmental Clearance Based on NGT Judgment. SEIAA Must Independently Apply Mind to Each Proposal and Cannot Mechanically Defer Decisions Due to NGT's Order on Recreational Ground.

27 Jan 2023

The Petitioner No.1, NAREDCO West Foundation, is the Maharashtra chapter of the National Real Estate Development Council, representing over 400 real e...

High Court

High Court of Karnataka Quashes Magistrate's Order Under Section 156(3) Cr.P.C. for Lack of Application of Mind — Private Complaint Filed Under Section 200 Cr.P.C. Cannot Be Converted to Section 156(3) Cr.P.C. Without Recording Reasons. The Magistrate's mechanical order directing investigation without reasons was set aside and matter remitted for fresh consideration.

7 Sep 2022

The petitioner, Shivakumar, filed a private complaint under Section 200 Cr.P.C. in PCR No.164/2022 before the JMFC Court, Vijaypura, alleging that his...

High Court

High Court of Karnataka Quashes Government's Refusal to Grant Sanction to Prosecute Police Inspector in Disproportionate Assets Case — Failure to Consider Relevant Material and Application of Mind Renders Sanction Order Invalid. The court held that the order refusing sanction under Section 19 of the Prevention of Corruption Act, 1988 must be based on consideration of all material and a reasoned decision, and directed reconsideration within three months.

13 Dec 2021

The petitioner, Karnataka Lokayukta Police represented by its Police Inspector/Investigating Officer, filed a writ petition under Articles 226 and 227...

High Court

Karnataka High Court Quashes Government Order Cancelling Mining Leases for Non-Existent Quarrying Leases — Violation of Natural Justice and Lack of Application of Mind. The impugned order cancelled quarrying leases under Section 4(1A) of Mines and Minerals (Development and Regulation) Act, 1957 and Rule 8(1) of Karnataka Minor Mineral Concession Rules, 1994, but petitioners held only mining leases, not quarrying leases.

24 May 2021

The judgment concerns two writ petitions filed by M/s. Ganapathy Granite Impex Pvt Ltd. and Sri Janardhan Naik challenging an order dated 20.06.2018 p...

High Court

High Court of Karnataka Quashes Entrustment Order Against Teachers Association in Lokayukta Enquiry — Government Order Lacks Application of Mind and Violates Principles of Natural Justice. Government Order Entrusting Enquiry Under Rule 14-A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 Quashed for Non-Application of Mind.

26 Mar 2020

The petitioners, the Karnataka State Primary School Teachers Association, challenged a Government order dated 30.05.2018 entrusting an enquiry against...

High Court

High Court of Karnataka Quashes Dismissal Order of BBMP Employee Convicted Under Prevention of Corruption Act — Holds That Disciplinary Authority Must Consider Gravity of Offence and Not Automatically Impose Penalty of Dismissal. The Court set aside the order of dismissal from service passed by the Commissioner, BBMP, against a former employee convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, on the ground that the disciplinary authority failed to apply its mind to the facts and circumstances of the case and the quantum of punishment imposed was disproportionate.

17 Mar 2020

The petitioner, Sri Prathap B, was a former employee of the Bruhath Bengaluru Mahanagara Palike (BBMP) and was working as in-charge Assistant Revenue ...

High Court

Bombay High Court Quashes Special Audit Order Under Section 142(2A) of Income Tax Act for Lack of Application of Mind. Assessing Officer Failed to Record Satisfaction Regarding Nature and Complexity of Accounts, and Did Not Consider Assessee's Reply, Violating Principles of Natural Justice.

12 Aug 2013

The petitioner, Hiranandani Foundation, a trust registered under Section 12A of the Income Tax Act, 1961, runs educational and medical institutions wi...

High Court

Bombay High Court Quashes Police Order Restricting Entry to Educational Society Premises Under Section 39(1) of Bombay Police Act — Order Held Disproportionate and Without Proper Application of Mind. The court held that a preventive order under Section 39(1) must be based on material showing imminent danger of breach of peace and cannot be used to decide civil disputes over management of a society.

26 Jul 2013

The petitioners, Anandraj Y. Ambedkar and others, challenged an order dated 6 July 2013 passed by the Commissioner of Police, Mumbai, under Section 39...

High Court

Bombay High Court Allows Bail Application in POTA Case Due to Non-Application of Mind by Special Judge. The Special Judge must consider merits of bail application and cannot reject it summarily on ground of earlier rejection without examining change in circumstances.

26 Jun 2006

The appellant, original accused no. 11, was facing trial in POTA Special Case No. 2 of 2003 before the Special Judge under POTA. He filed a bail appli...

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