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High Court Quashes Preventive Detention Order Under MPDA Act for Gambling Offences Due to Lack of Public Order Threat. Detention Based Solely on Gambling Crimes Under Maharashtra Gambling Act Fails as Isolated Incidents Do Not Disturb Community Tempo Under Section 3(2) of MPDA Act, 1981.

The dispute involved a challenge to a preventive detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981. The petitioner, a...

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Supreme Court Acquits Appellant in Section 353 IPC Case for Lack of Evidence of Assault or Criminal Force. Conviction under Section 353 IPC set aside as prosecution failed to prove that appellant assaulted or used criminal force to deter public servants from discharging their duty.

The appellant, Mahendra Kumar Sonker, a Patwari, was convicted under Section 353 of the Indian Penal Code, 1860 (IPC) for allegedly assaulting or usin...

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Bombay High Court Holds Anticipatory Bail Application Maintainable Despite Applicant's Custody in Another Crime. Section 438 CrPC Does Not Bar a Person Already Arrested in a Different Case from Seeking Pre-Arrest Bail.

The applicant, Amar S. Mulchandani, filed an anticipatory bail application under Section 438 CrPC in connection with C.R.No.806 of 2019 registered at ...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Demand of Dowry. Conviction under Sections 304-B, 498-A IPC and Sections 3, 4, 6 of Dowry Prohibition Act set aside as prosecution failed to prove dowry demand and harassment soon before death.

The case involves appeals against conviction for dowry death and related offences. The deceased, Sunita, was married to accused no.2 (Digambar) and di...

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Bombay High Court Quashes Detention Order Under PITNDPS Act for Non-Communication of Grounds in Language Known to Detenu. Failure to Serve Grounds in English to South African National Who Does Not Know English Violates Article 22(5) of Constitution and Section 8 of PITNDPS Act.

The petitioner, Agisilaos Demetriades, a South African national, challenged an order of detention dated 21.09.2021 passed by Respondent No.2, the Join...

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Bombay High Court Grants Anticipatory Bail to Foreign Nationals in NDPS Case — No Recovery from Petitioners, Only Co-accused Implicated. Petitioners not named in FIR and no contraband recovered from them, thus Section 37 NDPS Act bar not applicable.

The petitioners, foreign nationals from various countries including Tanzania, Iran, Gujarat, Mumbai, Tamil Nadu, and others, were implicated in a case...

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Bombay High Court Quashes FIR in SC/ST Atrocities Case for Lack of Public View and Mens Rea. Alleged Caste-Based Insults Made in Private Office Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the same First In...

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Bombay High Court Dismisses Bail Appeal in POTA Case for Mulund Bomb Blast Accused. Appellant's claim of illegal detention and fresh evidence under RTI did not warrant bail due to serious allegations and lack of changed circumstances.

The appellant, Adnan Bilal Mulla, was accused no.15 in POTA Special Case No. 2 of 2003, arising from three bomb blasts in Mumbai Central (6/12/2003), ...