Search Results for "Non-application of mind"

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High Court Sets Aside Patent Opposition Dismissal for Lack of Reasoning and Non-Application of Mind. The court quashed the Deputy Controller's order as it failed to provide reasons and assess prior art under Section 25(2)(c) of the Patents Act, 1970, violating principles of natural justice.

The dispute arose from a post-grant opposition filed by the petitioner under Section 25(2)(c) of the Patents Act, 1970, challenging Patent No. IN 2830...

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High Court Quashes Penalty on Company Officials Under CGST Act Due to Lack of Personal Liability Evidence and Procedural Flaws. Petitioners Challenge Penalty Order for Fake Input Tax Credit Allegations

The petitioners, employees of M/s. Shemaroo Entertainment Limited, filed a writ petition challenging an order-in-original dated 1 February 2025 that i...

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High Court Allows Bail in Customs Act Case, Quashes Magistrate's Order Due to Illegal Arrest and Bailable Offence Classification. Petitioners Released on Bail with Conditions

The High Court of Bombay allowed a criminal writ petition challenging the denial of bail to petitioners accused under the Customs Act, 1962. The petit...

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High Court Quashes Detention Order Under MPDA Act Due to Procedural Lapses Petitioner Challenges Preventive Detention Based on Arms Act Offences and In-camera Statements -- Court Finds Lack of Subjective Satisfaction and Violation of Article 22 Safeguards

The petitioner filed a criminal writ petition challenging a detention order under the MPDA Act, which directed his detention for 12 months on grounds ...

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High Court Allows Writ Petition, Orders Reinstatement with Back Wages for Assistant Teacher in Illegal Termination Case Under MEPS Act. School Tribunal's Compensation Award Quashed as Management Fails to Prove Post Abolition

The High Court allowed the Writ Petition filed by Petitioner against the judgment of the School Tribunal, Pune, which had declared her terminatio...

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High Court Quashes Criminal Proceedings Against Director in Legal Metrology Act Case Due to Lack of Specific Allegations. Vicarious Liability Not Established Under Section 49 of Legal Metrology Act, 2009

The judgment involved a criminal application filed by Applicant challenging proceedings under the Legal Metrology Act, 2009, for alleged packaging vio...

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High Court Dismisses Writ Appeals by Appellant Challenging Land Acquisition for APMC Mega Market -- Acquisition Upheld Under Land Acquisition Act, 1894 and Karnataka Amendment Act 33/1991

Appellant filed writ appeals against the dismissal of its writ petitions challenging land acquisition for an APMC Mega Market. The Trust owned lands i...

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High Court Denies Bail to Applicant in Murder Case Under Sections 302, 307 read with 34 IPC Due to Prima Facie Evidence, Criminal Antecedents, and Lack of Parity

The High Court dismissed a bail application filed by Amol @ Pappu Popat Andhale in connection with FIR No. 392 of 2023 for offences under Sections 302...

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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering ...