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Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Application of Mind and Mechanical Exercise of Power. Detaining Authority Failed to Consider Relevant Material and Grounds of Detention Were Vague and Stale.

The petitioner, Karnaram Lumbaji Choudhary, challenged a detention order dated 8th March 2018 passed by the Joint Secretary, Government of India, unde...

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Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Witnesses. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Mahesh @ Mahendra Mahadev Bambargekar, was convicted by the Additional Sessions Judge, Gadhinglaj, for the murder of his half-brother R...

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Bombay High Court Quashes FIR in Abetment of Suicide Case — No Proximate Link Between Applicant's Conduct and Suicide. Allegations of harassment for repayment of loan do not constitute abetment under Section 306 IPC as there was no direct instigation or active participation.

The applicant, Rahul s/o Bapu More, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of ...

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Bombay High Court Acquits In-Laws in Dowry Death Case Due to Lack of Proximate Link to Suicide and Absence of Husband as Accused. Conviction under Sections 498-A and 306 IPC set aside as dying declarations did not establish continuous cruelty or abetment.

The case involves an appeal by five convicts (in-laws of the deceased Shobhabai) against their conviction under Sections 498-A and 306 read with Secti...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Failure to Consider Retraction of Statement and Delay of Over 11 Months in Passing Order Vitiate Subjective Satisfaction Under Section 3(1)(i) of COFEPOSA Act, 1976.

The petitioner, Gaurav Kanak Jain, challenged a detention order dated 21st November 2016 passed under Section 3(1)(i) of the Conservation of Foreign E...

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Gujarat High Court Quashes Abetment of Suicide FIR Against Accused in Absence of Direct Instigation. Filing of False Cases Without Proximate Link to Suicide Does Not Attract Section 306 IPC.

The judgment pertains to two criminal miscellaneous applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of...