Search Results for "non-application of mind"

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Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...

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High Court of Bombay Sets Aside Dismissal of Suit Due to Non-Application of Mind by Trial and First Appellate Courts. The court remanded the matter for fresh adjudication as the lower courts failed to properly consider the cited rulings and the final order lacked reasoning.

The case involves a second appeal before the High Court of Bombay at Nagpur, arising from a Regular Civil Appeal No.45 of 2001 decided on 14/8/2012, w...

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High Court of Bombay Allows Second Appeal and Remands Suit for Fresh Trial Due to Non-Application of Mind by Lower Courts. Trial Court's Final Order Lacked Reasoning and First Appellate Court Failed to Discuss Cited Precedents, Resulting in Remand Under Section 107 CPC.

The appellant, Manoj Ganpatlal Chamedia, filed a second appeal before the High Court of Bombay challenging the judgment and order of the first appella...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated by Failure to Furnish Statements of Co-Accused and Retraction Letters.

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Statements of Co-Accused Not Furnished.

The petitioner, brother-in-law of the detenu Burhan Fakhruddin Khatumdi, challenged a detention order dated 27.3.2015 passed by the Principal Secretar...