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non application of mind

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natural justice
Posted inNews

Bombay High Court: “Recording of Reasons Is a Facet of Natural Justice” — Recovery Certificate under Section 101 of Maharashtra Cooperative Societies Act Set Aside for Non-Application of Mind

Court’s Decision The Bombay High Court (Kolhapur Bench), per Justice S. G. Chapalgaonkar, quashed a recovery certificate issued under Section 101 of the Maharashtra Cooperative Societies Act, 1960, holding that…
Posted by Rawlaw November 6, 2025
lack of public purpose
Posted inNews

Bombay High Court Quashes Land Acquisition for Lack of Public Purpose and Non-Application of Mind: “Mere Existence of Government Scheme Does Not Justify Private Acquisition Without Due Process”

Court’s Decision The Bombay High Court quashed the land acquisition proceedings initiated under the Maharashtra Regional and Town Planning Act, 1966, holding that the acquisition lacked a demonstrable public purpose,…
Posted by Rawlaw August 7, 2025
fir quashed
Posted inNews

Supreme Court Cancels Bail of Kapil Wadhawan in ₹34,000 Crore DHFL Fraud Case: “Grant of Bail by the High Court Suffered from Non-Application of Mind”

Court’s Decision The Supreme Court set aside the Bombay High Court’s order granting bail to Kapil Wadhawan, accused in a massive ₹34,000 crore fraud investigated by the Enforcement Directorate (ED)…
Posted by Rawlaw August 7, 2025
preventive detention quashed
Posted inNews

Kerala High Court quashes detention order for “non-application of mind”: Court finds District Magistrate failed to consider ‘live and proximate’ nature of offences and relevance of bail order

Court’s Decision The Kerala High Court quashed a preventive detention order passed under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA), observing that the subjective satisfaction of the District Magistrate…
Posted by Rawlaw July 25, 2025

Recent News

  • Bombay High Court holds admitted documents dispense with proof — “Port Trust liable to refund illegal auction proceeds, ownership established by admissions”
  • Bombay High Court refuses to quash deemed conveyance despite fraud and title objections — “MOFA authority’s role is summary, civil court alone can decide ownership”
  • Bombay High Court upholds SIDBI pension cut-off date — “Denial of retrospective pension not arbitrary, policy choice backed by Supreme Court precedent”
  • Bombay High Court orders grant of deemed conveyance under MOFA — “Promoter’s delay defeated, statutory agreements prevail over disputed consents”
  • Delhi High Court denies residence order under Domestic Violence Act — “Voluntary relocation defeats claim to re-enter past shared household”
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