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Bombay High Court Dismisses Writ Petition Challenging Detention Under COFEPOSA — No Infirmity Found in Preventive Detention Order. The Court upheld the detention order under Section 3 of COFEPOSA as the detenu's smuggling activities were found to be prejudicial to the conservation of foreign exchange.

The judgment pertains to a writ petition filed by a detenu challenging a preventive detention order passed under Section 3 of the Conservation of Fore...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Policy Exclusion for Non-Paid Driver Upheld. Insurer not liable for accident caused by driver not holding valid licence and not covered under policy terms.

The case involves a motor accident claim where the appellant, The Oriental Insurance Company Ltd., challenged the award of the Motor Accident Claims T...

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Supreme Court Dismisses Appeal Against Conviction in Unlawful Activities Case — Appellant Convicted for Criminal Conspiracy and Unlawful Activities. The Court upheld the conviction under Section 120B IPC and Sections 10(a)(i), 10(a)(iv), 38(1) of UAP Act, finding no perversity in concurrent findings.

The appellant was arraigned as an accused in FIR Crime No. 1 of 2015 registered at Q Branch Police Station, Ramanathapuram, Tamil Nadu, for offences p...

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High Court of Karnataka Dismisses Customs Department's Reference Application in Export Valuation Case. Tribunal's finding that facts were indistinguishable from precedent upheld, no question of law arises.

The Principal Commissioner of Customs filed a Civil Petition under Section 130A of the Customs Act, 1962, challenging the final order of the Central E...

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Supreme Court Upholds Licensing Conditions on Orchestra Bars Under Maharashtra Police Act, 1951. Gender-Based Numerical Restrictions on Performers Held Valid as Reasonable Restrictions in Public Interest Under Article 19(6) of the Constitution.

The appeals arose from a judgment of the High Court of Bombay that upheld conditions imposed by the Commissioner of Police, Brihan Mumbai, on orchestr...

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Supreme Court Upholds High Court's Quashing of State Order Transferring Idol Theft Cases to CBI. Court holds that transfer of investigation without consulting the investigating officer and without court's approval was improper.

The State of Tamil Nadu appealed against the Madras High Court's judgment dated 30.11.2018, which quashed the State Government's order dated 01.08.201...

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Bombay High Court Acquits Accused in MCOCA Kidnapping Case Due to Lack of Evidence of Demand for Ransom. Conviction under Section 364A IPC and MCOCA set aside as prosecution failed to prove that the victim was kidnapped for ransom.

The appellants, original accused nos. 1 to 4, were convicted by the Special Judge under MCOC Case No. 15 of 2005 for offences under Section 364A, 365,...

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Bombay High Court Allows Appeal in Bond Trustee Case — Appoints Receiver and Grants Injunction Against Alienation of Assets. Trustee entitled to protect bondholders' interests where corporate debtor defaulted on convertible bonds and attempted to transfer business to related parties.

The Bank of New York Mellon, as trustee for bondholders, filed a suit against Zenith Infotech Ltd. and others after Zenith defaulted on repayment of U...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Full and True Disclosure. Container Detention Charges Collected as Agent Held Not Income of Assessee Due to Agency Relationship and RBI Circular.

The petitioner, NYK Line (India) Ltd., a wholly owned subsidiary of a non-resident shipping line, acted as its agent under an agency agreement dated 1...