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 Quashes Criminal Prosecution in Drugs & Cosmetics Act Case Due to Procedural Violations and Non-Compliance with Statutory Mandates. Prosecution was invalidated because of inordinate delay in sample testing, failure to dispatch sample portion to manufacturer depriving retesting right, and improper cognizance by Special Judge without committal under Section 193 CrPC, under Section 27(d) of Drugs & Cosmetics Act, 1940.

24 Mar 2026

The High Court of Judicature at Bombay, in its criminal appellate jurisdiction, adjudicated a writ petition under Article 227 of the Constitution of I...

High Court

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.

23 Mar 2026

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

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...

High Court

High Court of Judicature at Bombay Quashes Patent Refusal Order for Non-Speaking Nature and Violation of Natural Justice. The court set aside the order refusing a patent application for a single-use safety syringe due to lack of independent reasoning and breach of natural justice by deciding on novelty grounds not included in the hearing notice, under Section 117A of the Patents Act, 1970.

23 Mar 2026

The High Court of Judicature at Bombay heard a commercial miscellaneous petition filed under Section 117A of the Patents Act, 1970, challenging an ord...

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 dismissed Writ Petition Challenging Denial of Default Bail in Criminal Breach of Trust Case. Magistrate's Order sustained as Section 409 IPC Prima Facie Applicable to Trustee, Accused not entitled to Statutory Bail Under Section 167(2) CrPC

11 Mar 2026

The petitioner, who was the Secretary of a public charitable trust, was arrested in connection with allegations of cheating and forgery related to the...

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...

High Court

High Court Dismisses Writ Petition Challenging Tender Conditions Regarding Security Clearance for Foreign Joint Venture Partner. Court Upholds CIDCO's Requirement for Security Clearance Under Clause 3(t) of Notice Inviting Bids, Finding No Illegality or Procedural Impropriety in the Tender Process Under Article 226 of Constitution of India.

7 Mar 2026

The dispute originated from tender processes initiated by CIDCO for infrastructure development projects in various town planning schemes. The petition...

High Court

High Court Quashes Penalty on Company Officials Under CGST Act Due to Lack of Personal Liability Evidence and Procedural Flaws. Petitioners Challenge Penalty Order for Fake Input Tax Credit Allegations

25 Feb 2026

The petitioners, employees of M/s. Shemaroo Entertainment Limited, filed a writ petition challenging an order-in-original dated 1 February 2025 that i...

High Court

High Court Allows Bail in Customs Act Case, Quashes Magistrate's Order Due to Illegal Arrest and Bailable Offence Classification. Petitioners Released on Bail with Conditions

6 Feb 2026

The High Court of Bombay allowed a criminal writ petition challenging the denial of bail to petitioners accused under the Customs Act, 1962. The petit...

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