Search Results for "Vagueness"

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Supreme Court Dismisses Challenge to FCRA Provisions on Political Nature Declaration. Right to Receive Foreign Contribution Not a Fundamental Right Under Article 19; Guidelines in Rule 3 Not Vague or Arbitrary.

The appellant, Indian Social Action Forum (INSAF), a registered society involved in resisting globalization, combating communalism, and defending demo...

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Bombay High Court Quashes Externment Order for Vagueness and Non-Application of Mind Under Section 56(1) Bombay Police Act, 1951. The court held that the externment order was invalid as the notice did not specify the nature of harmful activities and the authority failed to consider less drastic remedies.

The petitioner, Shahid Mohammedali Bepari, challenged an externment order dated 11.4.2011 passed by the Sub Divisional Magistrate, Miraj, under Sectio...

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Supreme Court Upholds Dismissal of Teacher for Fake Transfer Order in Disciplinary Proceedings Under CCS (CCA) Rules, 1965. Non-supply of Preliminary Inquiry Report and Delay of Nine Years Do Not Vitiate Proceedings When No Prejudice Is Shown.

The appellant, S. Janaki Iyer, was a Hindi trained graduate teacher at Kendriya Vidyalaya Sanghathan, Bangalore. She sought transfer to Mumbai or Pune...

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Bombay High Court Upholds Conviction of Two Accused for Murder Under Section 302 IPC — Life Imprisonment Maintained Based on Consistent Eyewitness Testimony and Medical Evidence. Common Intention Established Under Section 34 IPC as Both Accused Participated in Assault with Shared Intent.

The appellants, Dattu Rama Theurkar and Deepak Dattu Theurkar, were convicted by the Additional Sessions Judge, Baramati, in Sessions Case No.23 of 19...

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Bombay High Court Allows Employee's Petition, Sets Aside Industrial Court's Order in Domestic Enquiry Case. Labour Court's Vitiation of Enquiry Upheld as Enquiry Officer's Findings Were Perverse for Lack of Evidence on Specific Charge.

The petitioner, Ravindra Bhimrao Patil, an employee of Jawahar Sahakari Sootgirni Ltd., was subjected to a domestic enquiry for allegedly instigating ...