Search Results for "Constitutional Writs"

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Search Results for "Constitutional Writs"

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Supreme Court

Supreme Court Quashes Detention Order in COFEPOSA Case Due to Non-Supply of Vital Material and Inordinate Delay in Deciding Representation. Preventive detention under Section 3(1) of COFEPOSA set aside as statements of key witness not furnished to detenu, violating Article 22(5) right to make effective representation.

31 Jul 2024

The appellant, wife of detenu Appisseril Kochu Mohammed Shaji, challenged the detention order dated 31.08.2023 passed under Section 3(1) of COFEPOSA b...

Supreme Court

Supreme Court Upholds Cancellation of Appointments of Relatives of Selection Committee Members in Shiksha Karmi Grade-III Recruitment Due to Bias and Nepotism. The selection of close relatives by the selection committee members was held to be in violation of Section 40(C) and Section 100 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, and the appointments were rightly cancelled despite the appointees not being heard.

16 Apr 2024

The case pertains to the selection and appointment of Shiksha Karmi Grade-III in Janpad Panchayat Gaurihar, District Chhatarpur, Madhya Pradesh, in 19...

High Court

Bombay High Court Quashes Charges Against Accused in Securities Scam Case Due to Lack of Evidence and Inordinate Delay. Petitioners were directors of a company accused of cheating and criminal conspiracy in securities transactions, but the court found no prima facie case and held that the 25-year delay violated their right to speedy trial.

22 Aug 2023

The petitioners, Dhyan Investments & Trading Company Ltd. and Tushar Sarda, were accused nos. 3 and 4 in Special Case No.2 of 1998 pending before the ...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

Supreme Court

Supreme Court Dismisses State's Appeal in Tender Cancellation Case — Violation of Natural Justice as Contractor Not Heard Before Termination of Contract. The Court Held That Principles of Natural Justice Require a Hearing Before Cancelling a Contract Awarded Through Tender, Even If Financial Irregularities Are Alleged.

11 Dec 2020

The case involves appeals by the State of Uttar Pradesh against a High Court judgment that set aside the cancellation of a contract awarded to Sudhir ...

High Court

Bombay High Court at Goa Upholds Constitutional Validity of Goa Town and Country Planning Act, 1974 in Public Interest Litigation. Sections 10-17, 33-37, and 39 of the Act are not unconstitutional as they provide for public participation and do not delegate essential legislative functions.

12 Feb 2020

The petitioner, The United Goans Foundation, filed a Public Interest Litigation under Article 226 of the Constitution of India before the High Court o...

Supreme Court

Supreme Court Strikes Down Section 13(2) of Chhattisgarh Rent Control Act as Ultra Vires — State Legislature Cannot Confer Direct Appeal to Supreme Court. The provision bypassing High Court jurisdiction is invalid for lack of legislative competence under the Constitution.

10 Dec 2019

The Supreme Court considered the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided for a direct appeal to the Supre...

High Court

High Court of Karnataka Dismisses Petition Seeking Transfer of Investigation to CBI in FIRs Alleging Offences by Petitioner's Son. Court holds that mere apprehension of bias is insufficient; credible material required for transfer of investigation to CBI under Articles 226 and 227 of Constitution of India.

22 Oct 2018

The petitioner, Ashok Kumar Sinha, father of Kumar Ajitabh, filed writ petitions under Articles 226 and 227 of the Constitution of India seeking trans...

High Court

Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

28 Jan 2016

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

High Court

Bombay High Court Dismisses Advocate's RTI Petition Seeking Disclosure of Judges' Assets and Case Allocation Details. Court Holds That Information Regarding Judges' Personal Assets and Internal Deliberations Is Exempt Under Section 8(1)(j) of RTI Act, 2005 as Personal Information Unrelated to Public Activity.

6 Aug 2015

The petitioner, Mathews J. Nedumpara, a practicing advocate, filed a writ petition under Article 226 of the Constitution of India seeking to quash ord...

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