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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

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Bombay High Court Hears Writ Petitions Challenging Reduction of Debarment Penalty in Solid Waste Tender Dispute. Court Considers Whether Appeal Against Debarment Order Was Maintainable Under Contractor Registration Rules, 1992.

The dispute arose from a tender floated by the Municipal Corporation of Greater Mumbai (MCGM) on 08.05.2018 for transportation of municipal solid wast...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Procedural Lapses — Detenu's Right to Make Effective Representation Violated

The petitioner, father of the detenu, challenged the preventive detention order dated 17/10/2019 passed by the Commissioner of Police, Brihan Mumbai, ...

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Bombay High Court Hears Criminal Writ Petition Challenging Preventive Detention Under COFEPOSA; Grounds Include 12-Year Execution Delay and Non-Supply of Material Translations.

In 1992, the petitioner Musthafa Ahamed Dossa was named as the head of a smuggling gang in statements recorded under Section 108 of the Customs Act, 1...

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Bombay High Court Examines Legality of Preventive Detention Order Under MPDA Act, 1981 Citing Non-Application of Mind and Procedural Flaws. Detention Based on Stale Past Incidents and Improper Communication of Right to Representation Raises Concerns Under Article 22(5).

The petitioner, a resident of Aurangabad, filed a criminal writ petition under Article 226 of the Constitution of India challenging the preventive det...