Search Results for "consent vitiated"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "consent vitiated"

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High Court

Bombay High Court Quashes Prosecution Against Directors in Food Adulteration Case Due to Inordinate Delay Depriving Right to Reanalysis. Delay of 35 months in filing complaint violated Section 13(2) of Prevention of Food Adulteration Act, 1954, rendering trial futile.

23 Sep 2024

The applicants, who were directors of M/s. Bunge Agri Business India Ltd., filed an application under Section 482 of the Code of Criminal Procedure, 1...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Reliance on Inadmissible Section 67 Statements. Conviction for Possession of Heroin Set Aside as Mandatory Safeguards Were Not Followed and Confessional Statements Were Inadmissible Under Tofan Singh.

30 Apr 2024

The Supreme Court allowed the appeals of Anwarkhan Jahilkhan Pathan and Firdoskhan Khurshidkhan Pathan against their conviction under the Narcotic Dru...

High Court

Bombay High Court Quashes VAT Assessment Order for FY 2013-14 Against Luxembourg-Based Companies Due to Gross Violation of Natural Justice and Backdating of Order. Assessment order found to be pre-dated and based on no notice or hearing, rendering it null and void.

17 Oct 2024

The petitioners, comprising two Luxembourg-based companies (Petitioners 1 and 2) and their Indian group company (Petitioner 3), challenged an assessme...

High Court

Bombay High Court Quashes Assessment Order for Violation of Natural Justice Under Section 144B of Income Tax Act, 1961 — Failure to Issue Show Cause Notice-Cum-Draft Assessment Order Renders Order Invalid. The court held that the mandatory procedure under Section 144B requiring issuance of a show cause notice-cum-draft assessment order was not followed, and the assessment order recording issuance of such notice was contrary to record, violating principles of natural justice.

18 Nov 2024

The petitioner, Teerth Developers and Teerth Realties JV (AOP), an association of persons, filed a writ petition under Article 226 of the Constitution...

High Court

Bombay High Court Quashes Assessment Order for Violation of Natural Justice in Faceless Assessment Scheme — Mandatory Personal Hearing Under Section 144B(6)(viii) Not Provided. The court held that failure to grant personal hearing as mandated by Section 144B(6)(viii) of the Income Tax Act, 1961 renders the assessment order a nullity, and consequently the demand notice and penalty show cause notices are also vitiated.

27 Feb 2025

The petitioner, Vimal Trading, a partnership firm engaged in trading and investment in the capital market, filed a nil return of income for Assessment...

Supreme Court

Supreme Court Allows Appeal in Service Dismissal Case, Reinstating Dismissal Order Quashed by High Court. The Court Held That Approval of Charge-Sheet by Competent Authority at Issuance Stage Is Not Mandatory If Initiation of Proceedings Was Approved, Under Civil Services Rules and Precedents.

28 Mar 2025

The dispute arose from the dismissal of a civil service officer in Jharkhand following disciplinary proceedings for misconduct involving dishonesty, f...

Supreme Court

Supreme Court Allows Development Authority in Land Acquisition and Urban Scheme Case Due to Valid Delegation and Implementation. Delegation of Power to Collector Under Section 5-A of Land Acquisition Act, 1894, Was Implicit and Valid, and Scheme Did Not Lapse Under Section 54 of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, as Substantial Steps Were Taken Within Three Years.

3 Mar 2023

The Supreme Court heard appeals by the Indore Development Authority (IDA) against a common judgment of the Madhya Pradesh High Court that had quashed ...

Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

High Court

Bombay High Court Quashes Externment Proceedings Against Petitioner in Maharashtra Police Act Case — Show-Cause Notice and Externment Order Set Aside for Procedural Irregularities and Non-Application of Mind. The Court held that the right to reside in one's own locality under Article 21 cannot be curtailed without due process and that the externment proceedings were vitiated by non-application of mind under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951.

16 Sep 2025

The petitioner, Ganesh Maroti Bore, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a show-cau...

High Court

Bombay High Court Dismisses Petition Challenging Arrest and Remand in POCSO Case — Non-Communication of Grounds of Arrest Does Not Vitiate Custody After Charge Sheet. The Court held that the remedy for violation of Article 22(1) is not automatic release and the filing of charge sheet cures any initial defect in arrest.

18 Sep 2025

The petitioner, Rahul Shankarrao Wadhave, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the B...

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