Search Results for "Mandatory"

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Illegal Detention and Remand under CrPC, UAPA, and NIA Act. Habeas Corpus Petition Dismissed – Detention Found Legal Under CrPC, UAPA, and NIA Act – No Consent Required for Arrest of Public Officer in Criminal Conspiracy

Section 45 of the CrPC: The protection under Section 45 of the CrPC applies only when the public officer is acting in his official capacity. In this c...

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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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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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Bombay High Court Quashed FIR and Proceedings in Special Case No.52/2020 Against Applicant – Held FIR Lacked Prima Facie Case and Sanction Under Section 196(1A) of the Code of Criminal Procedure, 1973 Was Not Obtained

The Court Held That the Criminal Proceedings Were Manifestly Attended With Mala Fide and Instituted With Ulterior Motive – No Sufficient Evidence to...

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Bombay High Court Quashes Orders Rejecting Regularization of Compassionate Appointments Due to Delay. Failure of the Employer to Inform and Assist in Filing Compassionate Appointment Applications Cannot Be Held Against the Applicants – Orders Quashed

Employer's failure to fulfill its duty to inform and assist bereaved families in submitting applications within limitation cannot be held against the ...

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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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Denial of Approval for Open Distance Learning and Online Programmes Quashed Due to Violation of Natural Justice

Violation of Natural Justice – UGC failed to provide an opportunity for hearing, which was mandatory despite its administrative nature. (Para 17, 21...

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Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

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High Court Quashes Land Acquisition for Navi Mumbai Project Due to Non-Compliance with Section 5A of the Land Acquisition Act, 1894. Court Upholds Farmers' Right to Hearing in Land Acquisition Proceedings, Strikes Down Urgency Clause Invocation

Section 5A of the Land Acquisition Act, 1894 – Mandatory provision for hearing objections before land acquisition. Non-compliance renders acquisitio...

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Failure to Furnish Copy of Requisition for No-Confidence Motion Does Not Invalidate the Motion: Bombay High Court. Bombay High Court Upholds Validity of No-Confidence Motion Despite Non-Service of Requisition Copy to Sarpanch

The failure to furnish a copy of the requisition to the Sarpanch under Rule 2(2) of the No Confidence Motion Rules does not invalidate a no-confidence...