Search Results for "Mandatory Provisions"

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Supreme Court

Supreme Court Dismisses Petitions Challenging Preventive Detention Orders Under COFEPOSA Act Due to Procedural Compliance and Established Live-Link. Detention Orders Upheld as Detaining Authority Recorded Subjective Satisfaction Based on Materials Showing Involvement in Smuggling Syndicate and Future Propensity to Commit Offences Under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

16 Apr 2026

The Supreme Court heard two connected special leave petitions challenging preventive detention orders issued under the Conservation of Foreign Exchang...

High Court

High Court Quashes Bye-Election Notification for Goa Legislative Assembly Seat Due to Insufficient Remaining Term Under Section 151-A of Representation of the People Act, 1951. Election Commission's Notification Declared Illegal as Incoming Member's Term Would Be Less Than One Year from Date of Election Result, Violating Mandatory Proviso Clause (a).

8 Apr 2026

The dispute arose from two writ petitions challenging the Election Commission of India's Notification dated 16.03.2026 for conducting a bye-election t...

High Court

High Court Quashes Bye-Election Notification for Goa Assembly Seat Due to Insufficient Remaining Term Under Representation of the People Act, 1951. Court held that bye-election cannot be held as remainder of term for newly elected member would be less than one year from date of election result, violating mandatory prohibition in Clause (a) of proviso to Section 151-A of the Act.

8 Apr 2026

The High Court of Bombay at Goa heard two writ petitions and a miscellaneous civil application challenging the Election Commission of India's Notifica...

High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

Supreme Court

Supreme Court Sets Aside High Court Order Directing De Novo Trial in Criminal Case Based on Procedural Irregularity in Charge Framing. The Court Held That Under Sections 464 and 465 of the Code of Criminal Procedure, 1973, a Mere Procedural Defect in Framing Charge Does Not Vitiate Trial Absent Demonstrated Prejudice or Failure of Justice, Especially When Accused Had Full Knowledge and Participated Actively for Over Fourteen Years.

25 Mar 2026

The appeal arose from a criminal case involving offences under Sections 147, 148, 149, 307, 302, and 120B of the Indian Penal Code, 1860, and Section ...

High Court

High Court of Judicature at Bombay Acquits Appellant in Kidnapping and Murder Case Due to Insufficient Evidence and Procedural Defects. Conviction under Sections 363, 302, and 201 of Indian Penal Code, 1860, was overturned as prosecution failed to prove guilt beyond reasonable doubt based on unreliable confession and lack of corroborative evidence.

25 Mar 2026

The appeal arose from a judgment and order dated 9th July 2024 by the Special Judge (POCSO), Thane, convicting the appellant under Sections 363, 302, ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Respondents Under Drugs and Cosmetics Act Due to Lack of Mandatory Enquiry Under Section 202 CrPC -- Misbranding Allegations Fail on Jurisdictional Grounds

26 Feb 2026

The Supreme Court addressed criminal appeals arising from a complaint under the Drugs and Cosmetics Act, 1940, alleging misbranding of a vaccine by th...

High Court

High Court Dismisses Writ Petitions by Former Employees of Wellman Hindustan Limited Challenging Industrial Court Order on Unpaid Wages Under MRTU and PULP Act

24 Feb 2026

The High Court of Bombay heard multiple connected writ petitions challenging the Industrial Court's dismissal of a complaint filed by former employees...

High Court

High Court Quashes Detention Order Under MPDA Act Due to Procedural Lapses Petitioner Challenges Preventive Detention Based on Arms Act Offences and In-camera Statements -- Court Finds Lack of Subjective Satisfaction and Violation of Article 22 Safeguards

4 Feb 2026

The petitioner filed a criminal writ petition challenging a detention order under the MPDA Act, which directed his detention for 12 months on grounds ...

High Court

High Court Allows Writ Petition, Orders Reinstatement with Back Wages for Assistant Teacher in Illegal Termination Case Under MEPS Act. School Tribunal's Compensation Award Quashed as Management Fails to Prove Post Abolition

3 Feb 2026

The High Court allowed the Writ Petition filed by Petitioner against the judgment of the School Tribunal, Pune, which had declared her terminatio...

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