Search Results for "proportionality"

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Search Results for "proportionality"

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Supreme Court

Supreme Court Dismisses Special Leave Petition in CISF Disciplinary Case, Upholding Removal for Suppression of Criminal Case Information. The Court affirmed that suppression of material facts in verification forms justifies termination, especially for sensitive posts in disciplined forces like CISF, applying principles from Avtar Singh v. Union of India and considering the nature of the offence under sections 323, 324, 341 IPC.

24 Apr 2025

The dispute arose from the removal of a constable from the Central Industrial Security Force (CISF) due to suppression of information about his involv...

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

Supreme Court

Supreme Court Partially Sets Aside High Court Judgment Annulling Entire Recruitment Process and Directs Fresh Scrutiny for Validly Selected Candidates. The Court held that blanket cancellation without distinguishing between tainted and untainted appointments violates principles of natural justice and proportionality under the West Bengal School Service Commission Act, 1997 and related recruitment rules, requiring individual examination of each selectee's case.

3 Apr 2025

The Supreme Court considered appeals challenging the Calcutta High Court's judgment dated 22.04.2024, which had set aside the entire 2016 selection pr...

Supreme Court

Appeal against the reduction of conviction from Section 302 to Section 304 Part II of the Indian Penal Code, 1860 – Supreme Court upheld the High Court’s decision considering the medical evidence, lapse of time, and the age of the accused.

20 Mar 2025

Indian Penal Code, 1860 – Section 302 – Section 304 Part II – Reduction of conviction – Causation and medical evidence –...

High Court

Suspension of Student for Alleged Misconduct and Anti-National Activities. High Court Upholds Two-Year Suspension of Ph.D. Student for Breach of Institute’s Code of Conduct and Misuse of Institute’s Name in Politically Motivated Protests

12 Mar 2025

Freedom of Expression: While students have the right to freedom of expression, this right is subject to the rules and regulations of the educational i...

High Court

Arbitration Award Set Aside – Fresh Arbitration Permissible. Supreme Court’s Observations on Merits Do Not Bar Fresh Arbitration – Section 11 Application Allowed

11 Mar 2025

Arbitration Award Set Aside – The Arbitral Award was set aside by the Division Bench of the Bombay High Court under Section 37 of the Arbitration a...

Supreme Court

Supreme Court Upholds Cancellation of Select List for Constable Recruitment Due to Irregularities. Recruitment Process Cancelled Due to Violation of Reservation Policy and Lack of Fair Representation – Supreme Court Reiterates Doctrine of Proportionality and Wednesbury Unasonableness

7 Mar 2025

The doctrine of Proportionality: The Court held that the decision to cancel the entire recruitment process was proportionate to the gravity of the irr...

High Court

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

6 Mar 2025

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

Supreme Court

Supreme Court Clarifies Arrest Powers Under Customs Act and GST Acts: Safeguards and Judicial Review. Balancing Individual Liberty and State Authority in Tax Evasion Cases

27 Feb 2025

Arrest Powers Under Customs Act and GST Acts:-- The Supreme Court upheld the constitutional validity of arrest provisions under the Customs Act, 1962...

Supreme Court

Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

25 Feb 2025

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

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