Search Results for "procedural safeguards"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "procedural safeguards"

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High Court

High Court Quashes Income Tax Reopening Notices in Search-Based Assessment Cases Due to Mandatory Application of Section 153C. Assessing Officer Cannot Invoke General Reassessment Provisions Under Sections 147/148 When Material Originates from Search Under Section 132/132A, as Special Provisions Under Section 153C Override and Require Exclusive Procedural Compliance.

7 Jan 2026

The judgment concerned a group of petitions challenging notices issued under Section 148 of the Income-tax Act, 1961, reopening assessments under Sect...

High Court

High Court of Karnataka Quashes Remand Order in Murder Case for Non-Communication of Arrest Grounds. Petitioner's arrest and subsequent judicial custody held illegal as grounds of arrest were not communicated in writing as required under Article 22(1) of the Constitution and Section 50 of CrPC.

17 Apr 2025

The petitioner, Hemanth Datta @ Hemantha @ Baby, was arrested on 17.02.2023 in connection with Crime No. 35/2023 registered at Arasikere Town Police S...

Supreme Court

Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

17 Mar 2025

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

Supreme Court

Supreme Court Allows Segregation of Trial for MLA Accused in Communal Violence Cases — High Court Order Quashed. Trial Court directed to file separate charge sheet and conduct separate trial for appellant under Section 528 BNSS, 2023.

1 Jan 2025

The appellant, Mamman Khan, a sitting MLA from Ferozepur Jhirka constituency in Haryana, was arrayed as an accused in FIR Nos.149 and 150 both dated 0...

High Court

Bombay High Court Allows Petitions Challenging Provisional Attachment Orders Under Section 110 of Customs Act, 1962 — Lack of Reasonable Belief and Non-Compliance with Procedural Safeguards. Attachment orders set aside as customs authorities failed to demonstrate reasonable belief that goods were liable to confiscation and did not follow mandatory procedure under Section 110(3) requiring notice within six months.

13 Mar 2024

The judgment pertains to three writ petitions filed by Chokshi Arvind Jewellers and Pallav Gold, challenging provisional attachment orders passed by t...

Supreme Court

Supreme Court Allows Rice Millers' Appeals in CMR Procurement Dispute — Recovery Under Public Demands Recovery Act Held Without Jurisdiction. The Bihar and Orissa Public Demands Recovery Act, 1914 cannot be invoked for contractual disputes over Custom Milled Rice supply, as the amount does not fall under Schedule I of the Act.

1 Jan 2024

The Supreme Court of India disposed of a batch of civil appeals arising from certificate proceedings initiated under the Bihar and Orissa Public Deman...

High Court

Bombay High Court Upholds CAT Order Reinstating Railway Employee in Disciplinary Case — Non-Supply of Inquiry Report Violates Natural Justice. Removal from Service Set Aside as Disciplinary Authority Failed to Provide Copy of Inquiry Report Before Imposing Penalty, Contrary to Principles of Natural Justice.

13 Mar 2023

The Union of India challenged the judgment of the Central Administrative Tribunal (CAT) Mumbai dated 25 November 2010 in Original Application No. 148 ...

High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

29 Jan 2018

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...

High Court

Parsi Chief Matrimonial Court Holds That Evidence in Parsi Divorce Suits May Be Recorded Before a Commissioner Under CPC Order 18 Rule 4(2) — Section 46 of Parsi Marriage & Divorce Act, 1936 Does Not Mandate In-Court Recording with Delegates.

3 Apr 2014

The case involved a suit filed under the Parsi Marriage & Divorce Act, 1936, by Rohinton Panthaky against Armin R. Panthaky. During the proceedings, a...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Right to Produce Witnesses Before Advisory Board — Violation of Article 22(5) of Constitution of India. Father of Detenu Challenges Detention Order on Ground That Detenu Was Not Informed of Right to Produce and Examine Witnesses Before Advisory Board, Rendering Detention Invalid.

13 Jul 2006

The petitioner, Haripal Hiralal Lahot, father of the detenu Sandeep Haripal Lahot, filed a criminal writ petition challenging the detention order date...

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