Search Results for "Due Process"

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Bombay High Court Quashed Rejection of Junior Clerk’s Appointment Proposal and Imposed Costs on Management. Appointment Order Upheld Despite Procedural Irregularities — Court Directed Approval with Cost Penalty on Management

The Court found procedural irregularities in the recruitment process but noted that the appointed candidate was not at fault. Held that the post of J...

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Supreme Court Sets Precedent on Pension Entitlement for Job Contract Employees in Odisha. Addressing Procedural Lapses and Upholding Pension Rights – Supreme Court Intervenes Despite Delay in Appeals.

Acts and Sections Discussed: Constitution of India, Article 14 – Equality before Law Odisha Civil Services (Pension) Rules, 1992 – Rule ...

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Policy Strategy for Grant of Bail – Constitutional and Statutory Powers on Remission – Procedural Safeguards for Grant and Revocation.

Judicial Examination of Remission Powers – Interpretation of Section 432, Code of Criminal Procedure, 1973 and Section 473, Bharatiya Nagarik Suraks...

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Supreme Court Upholds Dissolution of CMJ University Due to Non-Compliance with Statutory Procedures. Chancellor Appointment Without Visitor’s Approval Rendered University Actions Void Ab Initio – Dissolution Order Validated

Major Acts: Chandra Mohan Jha University Act, 2009 (CMJ University Act) – Sections 13, 14, 26, 48. University Grants Commission Act, 1956...

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National Highway Authority’s Failure to Compensate for Additional Land Acquisition Deemed Unlawful – Bombay High Court. 

Land Acquisition – Compensation – Constitutional Safeguards for Private Property Rights The High Court held that the additional land was indeed t...

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Termination of long-serving municipal workers without due process – Illegal and violative of statutory rights.

Constitution of India, 1950 – Article 14, Article 16 Right to Equality – Arbitrary termination of long-serving workmen without compliance with sta...

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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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Supreme Court Quashes High Court’s Overreach: Acquittal Restored, Compensation Granted. Judicial Overreach in Revisional Jurisdiction Results in Unlawful Conviction—Supreme Court Reaffirms Limits on High Court Powers and Ensures Justice for the Wrongfully Convicted.

Acts and Sections Discussed: Indian Penal Code, 1860 (IPC) – Section 302 (Murder) Code of Criminal Procedure, 1973 (CrPC) – Sections 401...