Search Results for "Non-application of mind"

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Search Results for "Non-application of mind"

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Supreme Court

Supreme Court Reinstates Criminal Proceedings in Corruption Case Overturning High Court's Quashing of FIR. The Court held that authorization under Section 3 of J&K Prevention of Corruption Act, 2006 does not require a reasoned order, preliminary enquiry is permissible under Lalita Kumari, and the FIR disclosed cognizable offences of misappropriation under the Act.

29 Oct 2021

The dispute arose from criminal proceedings initiated against the respondent, a government official, for alleged corruption in the purchase of medical...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Erroneous Consideration of Evidence and Gravity of Offence. The High Court's grant of bail was set aside as it overlooked material charge-sheet evidence indicating the accused's involvement in conspiracy and weapon custody under Sections 147, 148, 149, 323, 341, 307, 302, 336 IPC and Sections 3/25, 4/25 Arms Act, 1959.

29 Oct 2021

The appeal arose from a judgment of the High Court of Judicature for Rajasthan at Jaipur, which allowed the fifth bail application of the second respo...

Supreme Court

Supreme Court Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Murder Case Due to Erroneous High Court Order. High Court's Reliance on Incomplete Investigation Report Under Section 173 CrPC at Anticipatory Bail Stage Was Impermissible, and Anticipatory Bail Should Not Be Granted in Serious Offences Like Murder Under Section 302 IPC Without Cogent Reasons.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions challenging judgments of the High Court of Madhya Pradesh, whic...

Supreme Court

Supreme Court Allows Steel Plant Operation Under Pollution Board Supervision Pending Environmental Clearance Compliance. The Court held that the High Court erred in discontinuing interim orders allowing operation under Board supervision, balancing environmental protection with livelihood concerns.

1 Oct 2021

The case involves Electrosteel Steels Limited, which owns a 1.5 MTPA integrated steel plant in Bokaro, Jharkhand, employing 3,000 regular and 7,000 co...

Supreme Court

Supreme Court Sets Aside Bail Order in NDPS Act Case Due to Non-Application of Mind and Ignoring Commercial Quantity Recovery. High Court Erred in Granting Bail Without Considering Stringent Conditions Under Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Presumption of Conscious Possession Under Section 54.

22 Sep 2021

The appeal arose from a bail order dated 1 October 2020 passed by a Single Judge at the Lucknow Bench of the High Court of Judicature at Allahabad, wh...

Supreme Court

Supreme Court Sets Aside Interim Bail Granted by High Court in MCOCA Case, Condemns Forum Shopping. The Court held that granting bail in a writ petition challenging vires of MCOCA provisions, after withdrawal of a regular bail application, amounts to impermissible forum shopping.

21 Sep 2021

The Supreme Court of India heard an appeal by the State of Maharashtra against an interim order of the Bombay High Court granting bail to the responde...

Supreme Court

Supreme Court Upholds High Court's Direction to Consider Candidates with Criminal Cases for Police Constable Posts. Screening Committee Must Apply Mind to Nature of Offences and Acquittal Under Standing Order No.398/2010, Not Mechanically Reject Based on Criminal Involvement.

25 Aug 2021

The dispute arose from the rejection of candidates' applications for the post of Constable in Delhi Police due to their involvement in criminal cases,...

Supreme Court

Supreme Court Allows Informant's Appeal Against Bail Granted to Accused in Murder Conspiracy Case - High Court's Bail Order Quashed for Failing to Consider Seriousness of Offence and Accused's Antecedents. Bail Cancelled Under Section 439(2) Cr.P.C. as Accused Was Habitual Offender and Mastermind of Conspiracy to Murder from Jail.

24 Aug 2021

The Supreme Court heard an appeal filed by the original informant against the High Court's order granting bail to the accused in a murder conspiracy c...

Supreme Court

Supreme Court Quashes Bail Orders in Murder Case Due to Non-Speaking Orders and Failure to Consider Crime Seriousness. High Court Erred in Granting Bail Without Assessing Brutality of Offence and Implications of Section 149 IPC in Case Involving 26 Injuries on Deceased.

20 Jul 2021

The Supreme Court heard appeals filed by the original informant and brother of the deceased against the Rajasthan High Court's orders granting bail to...

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