AI Overview...
- Material Illegality - Several cases highlight that orders or actions are deemed illegal when they lack proper reasoning, violate procedural rules, or are based on forged or undisclosed material. For example, in CANARA BANK vs MS TOPLINE COMMODITIES PVT LTD AND ORS - Debt Recovery Appellate Tribunal, the DRT's failure to provide reasons for restraining SARFAESI actions and the validity of fresh notices was deemed material illegality, leading to quashing the order. Similarly, in Sasan Power Ltd. vs The State Of Madhya Pradesh - Madhya Pradesh, extending benefits under a policy without proper verification was considered material illegality. Mahendra Pal Singh ( M.P. Singh) vs Shivlal - Madhya Pradesh emphasizes that rejection of evidence based on improper adherence to the Evidence Act constitutes material illegality. HENARA KHATUN Vs STATE OF WEST BENGAL AND ORS. - Calcutta and Narain Lal VS State of Rajasthan - Rajasthan found no material illegality or irregularity in procedural or evidentiary matters, indicating that the absence of such illegality supports the legality of the orders. NAGAR PALIKA HINDAUN CITY THR EXECUTIVE vs CHHOTE LAL AND ORSX - Rajasthan discusses illegality in partial decrees when factual findings are inconsistent or flawed.
- Analysis and Conclusion - Material illegality arises when judicial or administrative actions violate statutory provisions, procedural fairness, or are based on forged or undisclosed evidence. Courts tend to quash or set aside such actions/orders when illegality is established, emphasizing the importance of proper reasoning, adherence to rules, and integrity of evidence. The presence of material illegality undermines the validity of decisions, whereas its absence supports their legality. Overall, the concept underscores the necessity for lawful, transparent, and well-reasoned proceedings.
Search Results for "Material Illegality"
2025 Supreme(Online)(DRAT) 71 • India - Debt Recovery Appellate Tribunal
MR. JUSTICE ANIL KUMAR SRIVASTAVA, CJ
illegality in restraining the bank from proceeding with SARFAESI actions. ... illegality - Fresh notices issued by bank were valid and implied withdrawal of previous notices. ... Appeal against DRT order restraining bank from taking SARFAESI action - DRT failed to assign reasons for its order, leading to material ... Impugned order suffers from material illegality and irregularity which is liable to be quashed. Appeal deserves to be allowed. ORDER Appeal is allowed. ... Learned Counsel for Appellant w....
2024 Supreme(Online)(MP) 11768 • India - High Court of Madhya Pradesh
SHRI JUSTICE G. S. AHLUWALIA, J
illegality by the High Court. ... illegality and allowed the amendments. ... introduction of new khasra numbers - The Trial Court's rejection was based on delay and discrepancies in area, which was deemed a material ... It is submitted that since insertion of new khasra numbers will not change the nature of suit and delay in filing the application for amendment cannot be a ground to reject the application, therefore, Trial Court committed a material illegality. ... Since no one appears for respondent to....
2024 Supreme(Online)(CG) 7596 • India - High Court of Chhattisgarh
Rasheed to conclude that the petitioner failed to provide justifiable reasons for deferment, and therefore, no material illegality ... illegality or irregularity was committed by the trial court. ... of the Court: The court found that the petitioner failed to provide justifiable reasons for deferment, and therefore, no material ... In absence of any justifiable reason assigned by the petitioner for deferment, the learned trial court has not committed any material illegality or irregul....
2019 0 Supreme(P&H) 2966 • India - Punjab and Haryana
AJAY TEWARI, HARNARESH SINGH GILL
Ratio Decidendi: The court declined the application as it found no material illegality or perversity in the impugned judgment ... Learned counsel appearing for the applicant could not point out any material illegality or perversity in the impugned judgment. Nothing has been shown as to the misreading and misinterpretation of the evidence by the learned trial Court, while passing the impugned judgment.
2023 Supreme(Online)(CAL) 641 • India - Calcutta High Court
HON'BLE JUSTICE SHAMPA SARKAR
illegality or non-compliance of the rules. ... that an unsuccessful candidate cannot challenge the selection process except on the limited grounds of favouritism, mala fide, material
1981 0 Supreme(Raj) 195 • India - Rajasthan
D.P.GUPTA
Finding of the Court: The court found that there was no material illegality or irregularity in the procedure followed ... illegality or irregularity in the procedure followed by the courts below. ... that the findings of the trial Magistrate and the Sessions Judge were based on proper appreciation of evidence, and there was no material ... Learned counsel for the petitioner has not been able to show that there was any material illegality or irregularity in the procedure followed by t....
2024 Supreme(Online)(MP) 37908 • India - High Court of Madhya Pradesh
SHRI JUSTICE G. S. AHLUWALIA, J
illegality. ... illegality in extending benefits under the R&R Policy without proper verification. ... Policy - The court found that the documents relied upon by respondents were forged and that the Additional Collector had committed a material ... Under these circumstances, this Court is of considered opinion that Additional Collector committed a material illegality by extending the benefit of R&R Policy to respondents Nos. 5 to 9.
2025 Supreme(Online)(Mad) 52757 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, CJ, SUNDER MOHAN, J
Section 147 of the Act was without the authority of law and not based on any new material which allegedly was not disclosed by the assessee at the time of the assessment, but on change of opinion. We do not find any merit in the appeal.
• India - High Court of Rajasthan - High Court Bench at Jaipur
illegality while partly decreeing the plaintiff's suit in respect of 11 X 20 ft. shop only. ... illegality while partly decreeing the plaintiff's suit in respect of 11 X 20 ft. shop only. ... that the plaintiff was in possession of 20X19 ft. land of the municipality as a licensee, despite that the trial court committed material ... illegality while partly decreeing the plaintiff's suit in respect of 11 X 20 ft. shop in possession of 20X19 ft. land of the municipality as a licensee, There is a finding of fact of first....
2024 Supreme(Online)(MP) 11062 • India - High Court of Madhya Pradesh
SHRI JUSTICE GURPAL SINGH AHLUWALIA, J
illegality. ... illegality, violating provisions of Evidence Act. ... allowed photocopies of documents without satisfying conditions for secondary evidence - Court found trial court's decision to be a material ... Under these circumstances, this Court is of considered opinion that the trial court committed a material illegality by rejecting the 6 M.Cr.C.No.22099/2023 objection raised by the counsel for the applicant with regard to marking of Ex.P.15 to Ex.P.18 as exhibits.
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