Search Results for "retraction"

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Bombay High Court Upholds Conviction of Appellants in Murder, Abduction, and Robbery Case — Life Imprisonment Confirmed. Circumstantial Evidence Sufficient to Establish Conspiracy Under Section 120-B IPC Despite Lack of Direct Link Between Co-Accused.

The case involves two criminal appeals filed by Cyrone Rodrigues and Chandrakant Talwar & Pappu @ Appu against their conviction and sentencing by the ...

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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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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA for Non-Placement of Vital Documents. Failure to Place Retraction Statements and Bail Orders Before Detaining Authority Renders Detention Invalid Under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, son of the detenu Ramesh B. Doshi, challenged an order of preventive detention passed under Section 3(1) of the Conservation of Foreig...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. The court held that failure to consider the detenu's retraction of confession and non-supply of the retraction letter violated Article 22(5) of the Constitution.

The petitioner, Anju Madan Lalwani, wife of Madan Vishindas Lalwani, filed a writ petition under Article 226 of the Constitution challenging the deten...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Dismisses Revenue's Writ Petition in Customs Smuggling Case — CEGAT Order Upheld for Lack of Evidence. Confiscation of Foreign Currency Set Aside as Revenue Failed to Prove Smuggling or Fraudulent Procurement of Currency Declaration Form Under Customs Act, 1962.

The Union of India, through the Commissioner of Customs (Preventive), Mumbai, filed a writ petition under Articles 226 and 227 of the Constitution of ...

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Bombay High Court Allows Appeals of Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Conviction for Possession of Hashish Set Aside as Search and Seizure Were Conducted Without Proper Authorization and Without Informing Accused of Their Rights.

The case involves two criminal appeals filed by Satyawan Pagi (A1) and Vimal Singh (A2) against their conviction and sentence under Section 20(b)(ii)(...