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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Recital of Grounds. Detenu's Preventive Detention Based on Three Criminal Cases Set Aside as Detaining Authority Failed to Consider Less Restrictive Measures and Did Not Properly Assess 'Disturbed Area' Condition....

The petitioner, Ajay Nandkishor Pasi, challenged his preventive detention order dated September 9, 2019, passed by the Commissioner of Police, Thane, under Section 3(2) of the Maharashtra Prevention o...

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High Court of Bombay at Goa Dismisses State Appeal Against Acquittal in Murder and Theft Case. Prosecution Failed to Establish Complete Chain of Circumstantial Evidence and Last Seen Theory, Benefit of Doubt Upheld....

The State of Goa, through Anjuna Police Station, filed Criminal Appeal No. 10 of 2016 before the High Court of Bombay at Goa, challenging the judgment and order of acquittal dated 29.06.2015 passed by...

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Bombay High Court Quashes Election Authority Order Appointing Administrator for Chairman Election in Co-operative Society. Section 73CA of Maharashtra Co-operative Societies Act, 1960 does not empower Election Authority to appoint administrator for internal election of Chairman when bye-laws provide for election by Board of Directors....

The petitioners, four of the 17 directors of the Solapur Zillah Dudha Utpadak Sangha, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, challenged an order date...

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Karnataka High Court Grants Bail to Accused in POCSO Case Due to Age Discrepancy and Consensual Relationship. The court held that at the bail stage, a prima facie case is to be seen, and since the victim supported the accused and age was disputed, bail was granted under Section 439 CrPC....

The petitioner, Arvind Kumar K.S., accused No.1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Crime No.12/2018 registered by Rajajinagar P...

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High Court of Bombay at Goa Allows Criminal Writ Petition in NDPS Case — Bail Cancellation Set Aside Due to Lack of Willful Violation of Conditions. The court held that cancellation of bail requires willful violation of conditions and that long pre-trial incarceration exceeding possible sentence warrants bail under the NDPS Act for small quantities....

The petitioner, Sagar Sitaram Mitre, was accused No.2 in a case under the NDPS Act for possessing 5.5 grams of Ganja. He was granted bail on 18.12.2018 with a condition not to leave Goa without court ...

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Bombay High Court Upholds Acquittal of Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Abetment. Allegations of Demand for Delivery Expenses and Harassment Not Proven Beyond Reasonable Doubt Under Sections 498-A, 306 IPC and Dowry Prohibition Act....

The State of Maharashtra appealed against the judgment and order dated 19.03.2008 passed by the learned Sessions Judge, Chandrapur in Sessions Case No. 55/2002, acquitting the respondents (Milind Shal...

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Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence....

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 for various offences under the Indian Penal Code a...

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Karnataka High Court Decides Writ Petitions Challenging Communication Barring No-Confidence Motion Against Koppal Zilla Panchayat President. Right to Move No-Confidence Motion Under Section 180 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 is Asserted as an Inherent Constitutional Right, Not Dependent on Separate Rules....

The writ petitions were filed by elected members of the Koppal Zilla Panchayat challenging communications from the State of Karnataka and the Regional Commissioner that blocked a no-confidence motion ...

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Bombay High Court Quashes Charges Against Foreign Nationals in COVID-19 Related Cases for Lack of Evidence of Infection or Visa Violation. The court held that visiting religious places does not violate visa conditions and that prosecution without evidence of infection or visa breach is an abuse of process....

The judgment concerns three criminal writ petitions filed by foreign nationals (petitioners) against the State of Maharashtra (respondent). The petitioners were prosecuted for offences under Sections ...