Search Results for "unconstitutional provisions"

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WRIT PETITION NO.7413 OF 2002

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Bombay High Court Quashes Externment Order for Violation of Natural Justice — Notice Under Section 59 of Maharashtra Police Act Not Served. Failure to Serve Notice Under Section 59 of Maharashtra Police Act, 1951 Renders Externment Proceedings Void Ab Initio.

The petitioner, Bharat Shatrughana Bhosale, challenged an externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which...

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Karnataka High Court Quashes State Order Permitting Non-Forest Use of Reserved Forest Without Central Approval. Section 28 of Karnataka Forest Act, 1963 Cannot Override Section 2 of Forest (Conservation) Act, 1980.

The petitioner, Gireesh Achar, filed a public interest litigation under Articles 226 and 227 of the Constitution of India challenging an order dated 2...

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Bombay High Court Dismisses Writ Petition Challenging Pre-deposit Condition for Property Tax Appeal. Condition of Full Tax Deposit Under Section 170(c) of Maharashtra Municipal Councils Act, 1965 Held Valid and Not Unconstitutional.

The petitioners, owners of properties within the jurisdiction of Municipal Councils of Hinganghat, Wardha, and Ballarpur, challenged the constitutiona...

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High Court of Bombay Quashes FIR and Charge-Sheet in Information Technology Act Case Due to Absence of Identity Theft Allegations. Section 66A of IT Act Already Struck Down as Unconstitutional; No Evidence of Fraudulent Use of Electronic Signature or Password Under Section 66C.

The applicant, an instructor, filed an application under Section 482 of the Code of Criminal Procedure, 1973 before the Nagpur Bench of the High Court...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders and In-camera Statements Renders Detention Invalid

The petitioner, Shamim Makmood Khan, mother of detenu Firoj @ Babbali Maqbul Khan, challenged a preventive detention order dated 16 October 2019 passe...