Search Results for "Application of Mind"

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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering ...

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Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second ...

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Preventive Detention Orders Quashed for Non-Compliance with Constitutional and Statutory Safeguards.

Constitution of India, 1950 (COI) – Article 21 – Protection of Life and Personal Liberty – Violation of Fundamental Rights due to De...

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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...

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Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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Quashing of criminal proceedings – No violation of Drugs and Cosmetics Act, 1940 – Magistrate’s summoning order lacked reasons.

Code of Criminal Procedure, 1973 – Section 482 Quashing of Criminal Proceedings – High Court dismissed the petition under Section 482 of the Code ...

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SUMMONING ORDER MUST REFLECT APPLICATION OF JUDICIAL MIND. Summoning an accused is a serious matter – Magistrate must assign reasons – Non-speaking summoning order quashed

Acts & Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) – Section 482, Section 468(2), Section 202 Drugs & Cosmetics Act, 194...

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“Fair Hearing, Delayed Resolution: Judicial Discretion in SEBI’s Show-Cause Notice” Balancing justice and due process amidst allegations of delay, laches, and procedural fairness.

The Bombay High Court dismissed a petition challenging a show-cause notice issued by SEBI, emphasizing the need for judicial restraint in interfering...

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"Appellant's Major Penalty Quashed: Failure to Record Oral Evidence in Disciplinary Proceedings Invalidates Inquiry" "Natural Justice and Procedural Mandates Triumph Over Procedural Deficiencies in Disciplinary Proceedings."

The Supreme Court quashed the High Court’s judgment and restored the State Public Services Tribunal’s order, holding that failure to record oral e...