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Search Results for "MCOC"

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High Court

Bombay High Court Dismisses Revision Applications of Accused in Building Collapse Case — Prima Facie Case Made Out for Culpable Homicide Not Amounting to Murder. Court holds that contractual relationship or professional commitment is not a prerequisite for framing charges under Sections 304, 420, 465, 467, 468, 120-B, 471, 201, 337, 338 read with 34 IPC when there is sufficient material showing active participation or illegal omission.

13 Jun 2024

The judgment arises from the collapse of a multi-storey building named 'Tariq Garden' in Mahad, Raigad on 24 August 2020, resulting in 16 deaths and s...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

Bombay High Court Dismisses Bail Appeal in NIA Case Under UAPA and Explosives Substances Act — Appellant Alleged Co-Conspirator in ISIL Terror Plot. Court Held That Prima Facie Case of Conspiracy and Recovery of Incriminating Material From Appellant's House Attracted Bar Under Section 43D(5) of UAPA, Precluding Grant of Bail.

13 Aug 2021

The appellant, Iqbal Ahmed Kabir Ahmed, was accused No. 3 in a case registered by the National Investigation Agency (NIA) for offences under the India...

High Court

Bombay High Court Dismisses Petitions Challenging Furlough Rule Denying Furlough to Prisoners from Outside Maharashtra. Classification Based on Residence Held Reasonable Under Articles 14 and 21 of Constitution.

20 Oct 2020

The petitioners, Chandradev @ Chandu S/o Pareshwar Rai and Satish S/o Ramchandra Ninapure, were convicted under Section 302 of the Indian Penal Code a...

High Court

Bombay High Court Strikes Down Discriminatory Furlough Condition in Maharashtra Prisons Rules as Unconstitutional. Residence-based classification for furlough eligibility violates Articles 14 and 21 of the Constitution.

20 Oct 2020

The petitioners, Chandradev @ Chandu S/o Pareshwar Rai and Satish S/o Ramchandra Ninapure, were convicted under Section 302 of the Indian Penal Code a...

High Court

High Court of Karnataka Dismisses Petitions to Quash FIR in Criminal Conspiracy Case — Petitioners Failed to Show FIR Lacked Prima Facie Case or Was Abuse of Process. The court held that the FIR could not be quashed as the allegations required investigation and the petitioners did not demonstrate that the FIR was frivolous or vexatious under Section 482 of the Code of Criminal Procedure, 1973.

23 Sep 2016

The judgment pertains to two writ petitions filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crimina...

High Court

Bombay High Court Dismisses Petition for Restoration of Auctioned Flat and Compensation. Petitioner failed to establish any legal right to property after lawful auction by State for recovery of government dues.

10 Jul 2012

The petitioner, Tarun Chhanalal Shah, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeki...

High Court

Bombay High Court Dismisses Petition Seeking Review Committee for MCOCA Cases — No Statutory Basis for Review Committee Under MCOCA. Court held that MCOCA does not provide for a Review Committee and directions given in Kartar Singh for TADA cannot be imported into MCOCA.

7 May 2010

The petitioner, Vijay Anant Vashirde, was an accused in MCOC Special Case No.6 of 2009 under the Maharashtra Control of Organized Crime Act, 1999 (MCO...

High Court

Bombay High Court Upholds Conviction for Dacoity and Attempt to Commit Culpable Homicide in Extortion Case. Appellant convicted under Sections 395 and 308 IPC for participating in a dacoity and causing injuries to the complainant after threatening calls demanding money.

5 Jul 2005

The appellant, Mahesh @ Maya @ Munna Simon Makwana @ Vankar, was convicted by the Special Court under the MCOC Act for offences under Sections 120-B, ...

High Court

Bombay High Court Upholds Constitutional Validity of Section 21(3) MCOCA and Approval for Applying MCOCA Provisions in Organised Crime Case. Challenge to Section 21(3) of Maharashtra Control of Organised Crime Act, 1999 and approval dated 31-10-2004 under Section 23(1)(a) dismissed as not violative of Articles 14, 19, 21 of Constitution.

11 Mar 2005

The petitioners, Lalit Somdatta Nagpal and Anil Somdatta Nagpal, filed two criminal writ petitions challenging the constitutional validity of Section ...

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