Search Results for "non-application of mind"

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Court Upholds CIDCO's Decision to Cancel Bid for Belapur Plot. Judicial Review Finds No Arbitrariness in CIDCO's Commercial Decision

The proceedings under Article 226 of the Constitution of India challenge the decision by the City and Industrial Development Corporation of Maharashtr...

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Supreme Court Grants Bail to Sheikh Javed Iqbal After Nine Years of Detention. Prolonged Incarceration Without Trial Progress Violates Fundamental Rights, Emphasizes Right to Speedy Trial

The Supreme Court has granted leave and heard arguments in an appeal against an order denying bail to Sheikh Javed Iqbal, accused of possessing counte...

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Court Upholds Eviction Decree in Property Rent Dispute. Petitioner's appeal dismissed, reaffirming the plaintiff's right to recover possession and arrears of rent.

A dispute over property rent payments and ownership, where the petitioner challenges a decree from the District Judge, Nashik. The decrees relate to R...

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Judicial Review of State Actions in Contractual Disputes: Evolution and Current Scope. From Traditional Boundaries to Modern Oversight: Ensuring Fairness and Transparency in State Contractual Matters

The evolution of judicial review in India regarding state actions in contractual and tender disputes. Historically, such disputes were seen as private...

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Criminal Writ Petition Allowed: Detention Order Quashed Due to Delays and Inconsistencies. Maharashtra Court Overturns Detention Under MPDA Act Citing Constitutional Violations and Non-Application of Mind by Detaining Authority

This petition challenges the detention order dated 03/04/2024 issued under the Maharashtra Prevention of Dangerous Activities (MPDA) Act, 1981, and it...

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Court Quashes Politically Motivated Detention Order Against Opposition Politician. Subjective Satisfaction and Proper Evidence Lacking; Petitioner to Be Released Forthwith

The petitioner, Yogesh Udaram Gokhe, challenging a detention order passed by the respondents under the Maharashtra Prevention of Dangerous Activities ...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Detention Order Quashed Due to Lack of Specificity in Grounds. Court emphasizes the need for clear and specific reasons for preventive detention to uphold constitutional safeguards.

The detention order of Rakesh Ramdas Jejurkar under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). The or...

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State Government’s Shift of Sports Complex to Rural Area Quashed. Court Orders CIDCO to Revert Land for Sports Complex Development, Emphasizing Public Interest and Transparency

The State Government's decision to relocate the Government Sports Complex from Navi Mumbai to a rural area for commercial exploitation has been critic...

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Court Quashes Time-Barred MVAT Assessment Order. Four-Year Limitation Exceeded; Personal Hearing Not Granted, Violating Natural Justice Principles

The petition challenges an assessment order and notice of demand issued by the Deputy Commissioner of State Tax for the financial year 2015-16. The pe...