Search Results for "Mandatory requirement"

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Supreme Court Interprets Section 175(4) BNSS in Sexual Assault Case Against Police Officers -- Clarifies Public Servant Immunity and Investigation Procedures Under Bharatiya Nagarik Suraksha Sanhita

The Supreme Court addressed a criminal appeal involving interpretation of Section 175(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) -- The app...

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High Court Dismisses Writ Petition by Petitioner Challenging Tender Rejection by KPTCL - No Violation of Natural Justice Found in Battery Energy Storage System Tender Process

The petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the rejection of its bid in a tender process...

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High Court of Bombay at Goa Acquits Appellant in NDPS Case Due to Non-Compliance of Section 50 -- Search Procedure Violated Mandatory Safeguards Under Narcotic Drugs and Psychotropic Substances Act, 1985

The Appellant, a Kenyan national, was convicted by the Additional Sessions Court for offences under Sections 22(c) and 21(b) of the Narcotic Drugs and...

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Preventive Detention Orders Quashed for Non-Compliance with Constitutional and Statutory Safeguards.

Constitution of India, 1950 (COI) – Article 21 – Protection of Life and Personal Liberty – Violation of Fundamental Rights due to De...

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High Court of Judicature at Bombay, Nagpur Bench Quashed Criminal Proceedings Against Nestle India Limited and Its Officials – Due to Non-Compliance of Mandatory Provisions Under Food Safety and Standards Act, 2006 (FSS Act)

Referral Food Laboratory’s Lack of NABL Accreditation at the Time of Analysis Rendered the Report Invalid – Issuance of Summons Without Proper Ord...

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Interpretation of Government Notification on Exemption of Conversion Fees for Land Reclamation under the Kerala Conservation of Paddy Land and Wetland Act, 2008

The Supreme Court held that the exemption under the Notification applies only to lands up to 25 cents and cannot be extended to larger holdings. The ...

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Supreme Court Set Aside High Court’s Order Directing Compassionate Appointment – Lump Sum Ex-Gratia Granted Under Article 142. Compassionate Appointment – Financial Condition Consideration – High Court Erred in Overlooking Suitability Criterion – Article 142 Invoked for Equitable Relief

Acts And Sections Discussed Constitution of India, 1950 – Article 142 – Extraordinary Power Exercised for Equitable Relief – Para 49 Civil P...