Search Results for "Application of mind"

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Preventive Detention Orders Quashed for Non-Compliance with Constitutional and Statutory Safeguards.

Constitution of India, 1950 (COI) – Article 21 – Protection of Life and Personal Liberty – Violation of Fundamental Rights due to De...

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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...

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Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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Quashing of criminal proceedings – No violation of Drugs and Cosmetics Act, 1940 – Magistrate’s summoning order lacked reasons.

Code of Criminal Procedure, 1973 – Section 482 Quashing of Criminal Proceedings – High Court dismissed the petition under Section 482 of the Code ...

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SUMMONING ORDER MUST REFLECT APPLICATION OF JUDICIAL MIND. Summoning an accused is a serious matter – Magistrate must assign reasons – Non-speaking summoning order quashed

Acts & Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) – Section 482, Section 468(2), Section 202 Drugs & Cosmetics Act, 194...

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“Fair Hearing, Delayed Resolution: Judicial Discretion in SEBI’s Show-Cause Notice” Balancing justice and due process amidst allegations of delay, laches, and procedural fairness.

The Bombay High Court dismissed a petition challenging a show-cause notice issued by SEBI, emphasizing the need for judicial restraint in interfering...

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"Appellant's Major Penalty Quashed: Failure to Record Oral Evidence in Disciplinary Proceedings Invalidates Inquiry" "Natural Justice and Procedural Mandates Triumph Over Procedural Deficiencies in Disciplinary Proceedings."

The Supreme Court quashed the High Court’s judgment and restored the State Public Services Tribunal’s order, holding that failure to record oral e...

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COVID-19 Impact on Advance Tax Compliance: Relief Granted by Remanding Interest Waiver Application. Pandemic-induced financial constraints considered valid grounds for reassessment of interest waiver under Section 234C of the Income Tax Act.

The Bombay High Court quashed an order rejecting an application for waiver of interest under Section 234C of the Income Tax Act and remanded the matt...

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Bombay High Court Quashes VAT Assessment Order on Ferrero India Over Procedural Lapses and Legal Malafides Violation of Natural Justice and Statutory Limitations Results in VAT Demand Cancellation

The petitioners challenged assessment orders issued under the Maharashtra Value Added Tax (MVAT) Act. The orders sought to levy VAT on royalty payment...