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Supreme Court Allows State's Appeal Against Quashing of Second FIR in Corruption Case — Second FIR Permissible When It Discloses Distinct and Separate Incidents Not Part of Same Transaction.

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court quashing the second FIR register...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Doubtful Seizure. Failure to Offer Personal Search Before Gazetted Officer and Inconsistent Evidence Regarding Recovery of Contraband Lead to Acquittal.

The appellants, Gurmeet Singh and Pyarelal Shridhar Keer @ Pahalwan, were convicted by the NDPS Special Judge, Greater Bombay, for offences under Sect...

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Bombay High Court Dismisses Appeal by Narcotics Control Bureau Against Acquittal in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

The appeal was filed by the Narcotics Control Bureau against the acquittal of the respondent for an offence under Section 21 read with Section 8(c) of...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...

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Bombay High Court Quashes Narco Analysis Test Order in IPC Offences Case — Violation of Article 20(3) and 21. Permission for Narco analysis test set aside as it infringes fundamental right against self-incrimination and right to life without proper consent and health safeguards.

The petitioner, Mahesh s/o Mahonsing Shribas, filed a Criminal Writ Petition before the Bombay High Court challenging the order dated 28.1.2010 passed...