Search Results for "Non-application of Mind"

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Search Results for "Non-application of Mind"

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High Court

High Court Sets Aside Registrar's Order Rejecting Trade Mark Application Due to Lack of Reasoning and Failure to Consider Honest Concurrent Use. The Court held that the Registrar's order was unreasoned and ignored material on honest concurrent use under Section 12 of the Trade Marks Act, 1999, violating statutory requirements under Sections 18(5) and 91.

23 Mar 2026

The dispute arose from a petition filed by Petitioner challenging an order dated 19 May 2025 by the Registrar of Trade Marks, which rejected the petit...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Film Director in Copyright Infringement Case Due to Lack of Prima Facie Evidence and Non-Application of Mind by Magistrate. The Court Found Proceedings Were Manifestly Frivolous as Appellant's Film Script Was Registered Years Before Complainant's Script and Expert Committee Had Already Determined No Similarity Between Works Under Section 63 of Copyright Act, 1957.

20 Mar 2026

The appeal arose from criminal proceedings initiated against a film director for alleged copyright infringement under the Copyright Act, 1957. The app...

High Court

High Court Sets Aside Patent Opposition Dismissal for Lack of Reasoning and Non-Application of Mind. The court quashed the Deputy Controller's order as it failed to provide reasons and assess prior art under Section 25(2)(c) of the Patents Act, 1970, violating principles of natural justice.

10 Mar 2026

The dispute arose from a post-grant opposition filed by the petitioner under Section 25(2)(c) of the Patents Act, 1970, challenging Patent No. IN 2830...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Non-Application of Mind by High Court. Bail granted without considering seriousness of crime, role of accused, and other relevant factors under Code of Criminal Procedure, 1973, violating principles of reasoned judicial orders.

30 Sep 2022

The dispute arose from a criminal appeal challenging the High Court's bail order in a murder case. The appellant, who lost two sons in the incident, f...

Supreme Court

Supreme Court Quashes Detention Order Under PIT NDPS Act Due to Non-Application of Mind and Lack of Live Link. Preventive detention order was invalid as detaining authority failed to consider bail status and relied on stale incidents without contemporary material showing continued prejudicial activity under Section 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

30 Sep 2022

The appeal arose from a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substanc...

Supreme Court

Supreme Court Sets Aside Bail Granted to Accused in Lakhimpur Kheri Violence Case. The Court Held That the High Court Erred in Granting Bail by Overlooking the Gravity of the Offence and the Victim's Right to Be Heard Under Section 2(wa) Cr.P.C.

26 Apr 2022

The Supreme Court set aside the bail granted by the Allahabad High Court to Ashish Mishra @ Monu, the main accused in the Lakhimpur Kheri violence cas...

Supreme Court

Supreme Court Quashes State Government's Order Rejecting Premature Release Application Due to Non-Application of Mind. Premature Release Must Be Considered Under Policy at Conviction Date, with Reasoned Assessment of Individual Circumstances Including Criminal History and Jail Conduct Under Article 21 of the Constitution.

10 Feb 2022

The Supreme Court adjudicated a petition under Article 32 of the Constitution, filed by a petitioner seeking enforcement of the right to life under Ar...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Act Case Due to Non-Application of Mind and Stale Material. Detenu Granted Bail Months Before Detention Order, Conditions Fulfilled, No Breach of Public Order Established.

25 Jan 2022

The Supreme Court allowed the appeal against the preventive detention of the detenu under the Telangana Prevention of Dangerous Activities Act, 1986. ...

Supreme Court

Supreme Court Sets Aside Bail Granted by High Court in Murder Case Due to Non-Application of Mind. The High Court failed to consider prima facie evidence of 27 injuries and eye-witness statement under Section 439 CrPC, rendering the bail order illegal.

9 Aug 2019

The case arises from a judgment of the Rajasthan High Court granting bail to the first respondent, Rajesh Kumar @ Polia, and four other accused person...

Supreme Court

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.

27 Feb 2019

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...

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