Search Results for "Non-application of Mind"

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Search Results for "Non-application of Mind"

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High Court

Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind — Failure to Consider Bail Conditions and Lack of Satisfying Material Renders Preventive Detention Invalid. The court held that the detaining authority must consider all relevant facts, including the fact that the detenu was on bail, and failure to do so vitiates the detention order under Section 3(1) of MCOCA.

14 Nov 2025

The petitioner, Avinash Gopal Shilimkar, was detained under Section 3(1) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) by an order d...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Lower Appellate Court Failed to Re-appreciate Evidence. The Court held that the first appellate court's non-application of mind to evidence constituted a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, warranting remand for fresh consideration.

12 Nov 2025

The case involves a second appeal filed by the original defendant, Krishnabai Babya Navale, challenging the judgment dated 21.01.2017 passed by the le...

High Court

Bombay High Court Allows Second Appeal in Possession and Mesne Profits Suit — First Appellate Court's Findings Set Aside as Perverse. The Court held that the first appellate court failed to re-appreciate evidence and ignored admissions, warranting interference under Section 100 of the Code of Civil Procedure, 1908.

3 Nov 2025

The plaintiff (appellant) filed a suit for possession and mesne profits against the defendant (respondent) in respect of a property in Kolhapur. The p...

High Court

Bombay High Court Quashes Detention Order Under Prevention of Black Marketing Act Due to Non-Application of Mind and Lack of Subjective Satisfaction. Court also directs inquiry into custodial violence allegations and awards compensation of Rs. 5,00,000 for violation of fundamental rights.

17 Oct 2006

The petitioner, Bhaurao s/o Punjabrao Gawande, a businessman dealing in transportation of petroleum products, challenged his detention order dated 27....

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Delay in Disposal of Representation. Preventive Detention Order Set Aside as Detenu's Fundamental Right Under Article 22(5) Was Violated Due to Unexplained Delay in Considering Representation.

13 Oct 2006

The petitioner, mother of the detenu Manoj Sansare, challenged the detention order dated 22nd September 2005 passed by the Commissioner of Police, Bri...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Proper Verification of In-Camera Statements. The court held that in-camera statements must be properly verified by the recording officer and the detaining authority must apply its mind to their credibility under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981.

11 Oct 2006

The petitioner, wife of the detenu, challenged the detention order dated 31/10/2005 passed by the Commissioner of Police, Brihan Mumbai, under Section...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders Renders Detention Invalid. The detaining authority's omission to consider bail orders in the criminal cases relied upon as grounds of detention vitiates the subjective satisfaction under Section 3(2) of the MPDA Act.

10 Oct 2006

The petitioner, father of the detenu Sanjay Ramrup Gupta, challenged the detention order dated 21/10/2005 passed by the Commissioner of Police, Brihan...

High Court

Bombay High Court Quashes Compulsory Acquisition Order Under Income Tax Act for Non-Application of Mind. Appropriate Authority Failed to Consider Comparable Sales in Same Building, Rendering Order Under Section 269UD(1) Invalid.

9 Oct 2006

The petitioners, owners of a flat in Mumbai, entered into an agreement to sell the flat for Rs. 19 lakhs and filed Form 37-I under Chapter XX-C of the...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Preventive detention order set aside as detaining authority failed to consider that detenu was on bail and conditions ensured no prejudicial activity.

7 Oct 2006

The petitioner, Intezar Umar Daraj Khan, challenged an order of preventive detention dated 31st October 2005 passed by the Commissioner of Police, Mum...

High Court

Bombay High Court Allows Tenant's Petition in Tenancy Purchase Price Dispute — MRT Order Set Aside for Non-Application of Mind. The court restored the Assistant Collector's order directing the Tahsildar to fix purchase price under Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948, holding that the MRT failed to consider evidence and reasoning.

5 Oct 2006

The petitioner, Ramchandra B. Posugade, a tenant, filed an application under Section 32-G read with Section 70-B of the Bombay Tenancy and Agricultura...

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