Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Order rejecting application for pre-mature release is bereft of an application of mind to relevant circumstances bearing on whether petitioner should be released prematurely - Order does not contain any reference whatsoever to whether petitioner possess any prior criminal history - Even, order is..........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Rejection of - Police filed cancellation report and Magistrate directed re-investigation - IO conducted investigation again and filed second closure report - Magistrate rejected second closure report merely on basis of earlier order of rejecting first closure report - Order is recorded in a perfunctory and..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Directions issued to all SHOs across State of Rajasthan and judicial officers that: (i) whenever a further investigation is kept pending for want of other material or trace of accused or for whatever reasons, it would be incumbent upon IO/SHO to move an application before..........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Application of mind on the part of competent authority is required for deciding duration of restraint order u/s 56 of the Act - Impugned externment order shows that it does not disclose any application of mind on this aspect - It does not record the subjective satisfaction of respondent on basis of material on..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, application of mind should be reflected, as Court is not to act as mere post office...........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Order passed on an application u/s 92 CPC is not required to be a speaking order though it should disclose application of mind...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Application for examination of plaintiff by medical board - Defendants never prayed for medical examination of plaintiff by medical board in their objection to application for appointment of next friend of plaintiff - Application filed at the appellate stage - It cannot be said that..........
Arbitration and Conciliation Act, 1996, Section 9, 17 -- Application u/s 9 of the Act - Cannot be taken up for consideration once an Arbitral Tribunal is constituted unless remedy u/s 17 of the Act is inefficacious - However, once an application is entertained in the sense it is taken up for consideration and Court applied its mind then Court can certainly proceed to..........
Arbitration and Conciliation Act, 1996, Section 9, 17 -- Application u/s 9 of the Act - Once an Arbitral Tribunal is constituted, Court would not entertain and/or in other words take up for consideration and apply its mind to an application for interim measure, unless the remedy u/s 17 is inefficacious, even though application may have been filed before the constitution of..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Before issuing notice there ought to be an application of mind by Court, as to prima facie ensure that suit is in conformity with mandate of S.92 CPC...........
