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Bombay High Court Dismisses Petition Challenging Forfeiture of Properties under SAFEMA. Detention Order Under COFEPOSA Validly Triggers SAFEMA Proceedings Despite Non-Execution of Detention and Redemption of Confiscated Currency.

The petitioner, Smt. Yamini S. Bhagwanji, challenged the forfeiture of three immovable properties and certain bank accounts under the Smugglers and Fo...

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Bombay High Court Examines Cancellation of Bail Under Section 439(2) CrPC in PMLA Case. Application by Directorate of Enforcement Challenges Special PMLA Court's Bail Order Alleging Non-Compliance with Twin Conditions and Reliance on Irrelevant Material.

The Directorate of Enforcement, Union of India, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973 before the Bombay Hi...

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CRIMINAL WRIT PETITION NO.3931 OF 2016

The petitioner, a former PWD Minister of Maharashtra, filed a habeas corpus petition under Articles 226 and 227 of the Constitution challenging his ar...

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Supreme Court Considers Obligation of State Government to Consider Detenu's Representation Before Advisory Board in Preventive Detention Cases. Question of Whether Article 22(5) Mandates Separate Consideration by Government Before Referral to Advisory Board Under Preventive Detention Act, 1950.

The case involved writ petitions under Article 32 of the Constitution filed by Abdul Karim and Others against the State of West Bengal challenging the...

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High Court of Karnataka Quashes Remand Order in Murder Case for Non-Communication of Arrest Grounds. Petitioner's arrest and subsequent judicial custody held illegal as grounds of arrest were not communicated in writing as required under Article 22(1) of the Constitution and Section 50 of CrPC.

The petitioner, Hemanth Datta @ Hemantha @ Baby, was arrested on 17.02.2023 in connection with Crime No. 35/2023 registered at Arasikere Town Police S...

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Bombay High Court Allows Default Bail to Accused Arrested After Charge-Sheet Filing in Further Investigation. Right to Default Bail Under Section 167(2) CrPC Applies to Accused Arrested During Further Investigation, Not Extinguished by Prior Charge-Sheet Filing.

The Bombay High Court, in a referral order, resolved a conflict between two Single Judge decisions regarding the applicability of default bail under S...

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High Court of Bombay Habeas Corpus Petition Examines Legality of Judicial Custody Where Remand Was Not Extended by Competent MCOC Special Court; Accused in Telgi Stamp Scam Seek Release After Non‑Extension of Judicial Remand Under Section 309(2) CrPC by a Judge Not Appointed Under MCOC Act.

The petitioners, five accused in the Telgi stamp scam (Special Case No. 2 of 2003 before the MCOC Court at Pune), filed this writ petition under Artic...