Search Results for "Procedural Safeguards"

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Supreme Court Addresses Constitutional Balance Between Forest Conservation and Human Rights in Assam Reserved Forest Encroachment Case -- Eviction Notices Challenged on Grounds of Arbitrariness and Violation of Natural Justice

The Supreme Court addressed multiple appeals and writ petitions challenging eviction notices issued by the Assam Forest Department to residents of vil...

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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 Quashes Detention Order of Major Victim Under Immoral Traffic (Prevention) Act 1956 -- Victim's Fundamental Rights Upheld Over Speculative Risk of Relapse

The High Court allowed a Writ Petition filed by Victim No.3 challenging her detention in a protective home under Section 17(4) of the Immoral Traffic ...

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Supreme Court Allows State's Appeal Against High Court Orders Granting Arrest Protection In Arms Licence Forgery Case -- Investigation To Proceed Without Protection Under IPC And Arms Act

The Supreme Court allowed criminal appeals filed by the State of Uttar Pradesh against High Court orders that granted protection from arrest to three ...

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Supreme Court Upholds Acquittal in TADA Case Due to Procedural Lapses in Recording Confessional Statements. Confessions Under TADA Act Deemed Inadmissible Due to Non-Compliance with Safeguards

Procedural Safeguards under TADA Act: The Court emphasized that confessions recorded under Section 15 of the TADA Act must strictly comply with the p...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless prov...

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Blacklisting Order Set Aside — Violation of Principles of Natural Justice — Procedural Irregularity in Policy Implementation

Constitution of India (COI) — Article 14 — Right to Fair Hearing — Blacklisting order violates principles of natural justice — Absence of prop...

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Non-Compliance of NDPS Act Procedures Leads to Bail Grant: Bombay High Court Emphasizes Strict Adherence to Statutory Rules. Bail Granted Due to Procedural Lapses in NDPS Act Compliance – Court Directs Strict Implementation of Statutory Rules.

Procedural Lapses in NDPS Act Compliance: The Bombay High Court granted bail to four accused in a narcotics case due to non-compliance with the mandat...

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Supreme Court Reinstates Terminated Women Judicial Officers, Emphasizes Gender Sensitivity in Judiciary. Court Sets Aside Termination Orders, Reinstates Sarita Choudhary and Aditi Kumar Sharma with Consequential Benefits

The Supreme Court set aside the termination orders, holding that the terminations were punitive, arbitrary, and astigmatic. Petitioners were reinstate...