Search Results for "Judicial Application of Mind"

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High Court Sets Aside Magistrate's Process Order in Matrimonial Offence Case Due to Lack of Judicial Application of Mind. Magistrate's Order Issuing Process Under Sections 498A, 406 read with Section 34 IPC Quashed as Mechanical, Matter Remanded for Reconsideration to Ensure Proper Scrutiny.

The dispute arose from a criminal case initiated by the complainant, the wife, against her in-laws, the petitioners, alleging offences under Sections ...

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High Court Quashes Mamlatdar's Orders in Land Dispute for Violation of Natural Justice Principles. Failure to Provide Hearing Opportunity to Stakeholders Under Section 5 of Mamlatdar's Courts Act, 1906 Renders Proceedings Void as Authorities Acted Mechanically Without Judicial Application of Mind.

The dispute originated from proceedings under Section 5 of the Mamlatdar's Courts Act, 1906 concerning certain agricultural lands. The petitioners, wh...

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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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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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Court Quashes Criminal Case Against Psychiatrist for Supplying Medicines to Patients. Court Applies Exemption under Schedule K and Rule 123 of Drugs and Cosmetics Act.

In a judgment dated August 2, 2022, the court quashed the criminal case against a registered medical practitioner, a psychiatrist, accused of violatin...

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"Commercial Appeals Dismissed: Court Upholds Single Judge's Decision Against Draft Supplemental Agreement" "Arbitral award set aside due to non-execution and unenforceability of central document, with significant procedural and substantive flaws identified."

Two concurrent Commercial Appeals (90 of 2020 and 91 of 2020) arising from an arbitral award dated February 14, 2017. The award was set aside by a Sin...