Search Results for "Non-application of mind"

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Supreme Court Quashes Bail Orders in Five-Murder Case Due to Improper Application of Parity Principle and Insufficient Consideration of Gravity. High Court Erred in Granting Bail Under Section 439 CrPC Without Assessing Individual Roles and Evidence in Land Dispute Homicide.

The Supreme Court of India dealt with a batch of five criminal appeals arising from bail orders granted by the High Court of Gujarat under Section 439...

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Supreme Court Upholds NGT Decision Quashing Ex Post Facto Environmental Clearances Under EIA Notification 1994. Circular dated 14 May 2002 Allowing Retrospective Clearances Held Invalid as Prior Environmental Clearance is Mandatory Under Section 3 of Environment Protection Act 1986.

The case involves appeals against the judgment of the National Green Tribunal (NGT) dated 8 January 2016, which quashed a circular issued by the Union...

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Supreme Court Sets Aside High Court Bail Order in Dowry Death Case — Emphasizes Need for Speaking Orders in Bail Matters. High Court's cryptic order granting bail to a convict under Section 304B IPC was quashed for lack of reasoning and failure to consider evidence of dowry harassment.

The Supreme Court allowed an appeal filed by the father of a deceased victim against the Allahabad High Court's order granting bail to the respondent-...

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Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

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Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...