Search Results for "application of mind"

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High Court Quashes Order Declining Approval Under Prevention of Corruption Act Due to Non-Application of Mind. The Court held that an order under Section 17A must reflect independent consideration and cannot be based solely on exoneration in a departmental enquiry, directing fresh reconsideration.

The dispute arose from a writ petition filed by a lawyer and social activist challenging an order dated 26-05-2025 passed by the Under Secretary, Depa...

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Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.

The appeal arose from a High Court order quashing a Magistrate's summoning order in a case alleging abetment of suicide under Section 306 IPC. The app...

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Supreme Court Sets Aside High Court's Suspension of Life Sentence in Murder Case — Bail Granted Without Proper Application of Mind. High Court Failed to Consider Seriousness of Offence and Prima Facie Guilt Under Section 302 IPC.

The appellant, Omprakash Sahni, brother of the deceased Manish Kumar, filed appeals against a common order of the Patna High Court suspending the life...

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Supreme Court Allows State's Appeal Against Interim Stay on SIT Formation and CBI Investigation in Corruption Allegations Against Former Ministers. High Court's Order Set Aside for Lack of Application of Mind and Failure to Consider Balance of Convenience.

The State of Andhra Pradesh appealed against an interim order of the High Court of Andhra Pradesh that stayed the operation of two Government Orders: ...

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Supreme Court Sets Aside High Court's Dismissal of Leave to Appeal Against Acquittal Due to Non-Speaking Order. High Court Failed to Provide Reasons and Apply Mind to Evidence as Required Under Section 378 of Code of Criminal Procedure, 1973, Violating Established Precedents on Judicial Discipline.

The dispute originated from a criminal trial where the second to sixth respondents were acquitted by the Additional Sessions Judge, Ghaziabad, of offe...

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Supreme Court Allows State Appeal in Default Bail Case Under UAPA — Extension of Custody Upheld Despite Procedural Defects. Report of Public Prosecutor Must Indicate Application of Mind, But Technical Non-Compliance Not Fatal When Substance Exists.

The Supreme Court allowed the appeal filed by the State of Maharashtra against the Bombay High Court's order granting default bail to the respondents/...

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Supreme Court Allows Labour Union Appeal Against Quashing of Contract Labour Prohibition Notification. Non-Joinder of Affected Union and Non-Consideration of Sub-Committee Report Vitiated High Court's Decision.

The Supreme Court allowed the appeal filed by the ONGC Labour Union against the judgment of the Uttarakhand High Court, which had quashed a notificati...