Search Results for "Due Process"

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Bias vs. Fair Hearing – Supreme Court Restores Shiksha Karmi Appointments Due to Procedural Infirmities

Constitution of India, 1950 Article 14 – Right to equality – Violation of procedural fairness – Absence of notice and opportunity to be heard �...

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CBI Jurisdiction Upheld – Supreme Court Reinstates FIRs and Chargesheets Against Central Government Employees. State Consent Not Required for CBI Investigation of Central Government Employees – Supreme Court Clarifies Jurisdiction.

Constitution of India, 1950 – Article 226 – Code of Criminal Procedure, 1973 – Section 482 – Delhi Special Police Establishment Act, 1946 – ...

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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"Fraud Vitiates Contracts: Bombay High Court Upholds Termination Over Forged Bank Guarantees." "Integrity in public contracts remains paramount—fraud nullifies all claims."

The Bombay High Court dismissed the writ petition filed by Petitioner challenging the termination of its railway contract. The court held that the sub...

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Supreme Court Dismisses Appeal by Appellant Seeking Interference with Favorable High Court Order. The Apex Court declines to interfere with an order restoring a Section 125 CrPC petition, citing no grounds for interference and directing adherence to due process in the Family Court.

Acts and Sections Discussed: Criminal Procedure Code (CrPC), 1973: Section 125: Maintenance to wife. Section 482: Inherent powers of the High...

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“Supreme Court Protects Judicial Independence, Expunges Remarks Against Rajasthan Judge” Tagline: Mandatory Bail Application Formats Cannot Curtail Judicial Discretion.

The Supreme Court expunged adverse remarks and directions issued against a District and Sessions Judge for allegedly not adhering to procedural direct...

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Grant of Bail in a UAPA Case: Supreme Court Balances Fundamental Rights with Statutory Restrictions. A measured verdict emphasizing due process, evidentiary thresholds, and the right to speedy justice under Article 21.

The Supreme Court of India granted bail to the appellant, Athar Parwez, booked under stringent sections of the IPC and UAPA, 1967, citing procedural d...

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Supreme Court Sets Aside Consumer Commission Orders after 28 Years of Litigation. A protracted dispute over a plot allotment highlights procedural irregularities and judicial overreach in granting relief.

The Supreme Court quashed the orders of the State and National Consumer Disputes Redressal Commissions granting possession of a plot after 28 years. T...

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Balancing procedural compliance and rights under the Prevention of Food Adulteration Act.

The Bombay High Court dealt with a criminal application under Section 482 of the Cr.P.C. filed by Hindustan Coca-Cola Beverages Pvt. Ltd. to quash pro...

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Bombay HC Rules Issuance of Income Tax Notices to Deceased Invalid. A dead person cannot be subject to reassessment notices under Section 148 of the Income Tax Act.

Acts and Sections Discussed: Section 148, 148A(b), and 148A(d) of the Income Tax Act, 1961 Judicial precedents and principles of natural justice ...