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Bombay High Court Upholds Conviction for Grievous Hurt in Targeted Attack Case. Appellant convicted under Section 326 IPC read with Section 34 IPC for causing grievous hurt with a chopper, based on consistent eyewitness testimony and medical evidence.

The appellant, Sunil alias Pona Tolaram Pore (Varma), along with three others, was prosecuted for offences under Sections 364, 307, and 326 of the Ind...

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High Court of Karnataka adjudicates criminal appeals arising from conviction of a bank employee and relative for conspiracy, forgery, and corruption. Convictions under various sections of the Indian Penal Code and the Prevention of Corruption Act, 1988 were challenged before the High Court.

The appeals arose out of the judgment dated 26.12.2009 passed by the Special Judge for CBI Cases, Bangalore in Spl.C.C.No.29/2004, whereby the appella...

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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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Bombay High Court Grants Default Bail to Accused in MCOCA Case Due to Non-Filing of Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) Cr.P.C. is not defeated by subsequent inclusion of MCOCA offences after the expiry of the statutory period.

The appellants were arrested on 31.05.2021 in connection with Crime No.509/2021 for offences under Sections 302, 201, 120-B, 364, 212 read with Sectio...

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Bombay High Court Dismisses Petition Challenging Customs Show Cause Notice for Alleged Misdeclaration of Imported Goods. Court holds that disputed questions of fact regarding valuation and classification cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

The petitioners, Globotrans Prologistix Pvt. Ltd. and Naim Shaikh, filed a writ petition under Article 226 of the Constitution of India before the Bom...

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Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

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Bombay High Court Allows Habeas Corpus Petition for Detenu Under COFEPOSA — Detention Order Quashed for Non-Compliance with Section 3(1) and Procedural Violations. Failure to Supply Relevant Documents and Consider Representation Renders Preventive Detention Invalid.

The petitioner, Valy D'Costa, filed a habeas corpus petition challenging his detention under Section 3(1) of the Conservation of Foreign Exchange and ...

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Supreme Court Allows State Appeal in Default Bail Case Under UAPA — Extension of Custody Upheld Despite Procedural Defects. Report of Public Prosecutor Must Indicate Application of Mind, But Technical Non-Compliance Not Fatal When Substance Exists.

The Supreme Court allowed the appeal filed by the State of Maharashtra against the Bombay High Court's order granting default bail to the respondents/...

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Supreme Court Allows Appeal in U.P. Gangsters Act Case — Quashes FIR for Lack of Anti-Social Activity. Property Disputes of Civil Nature Cannot Be Basis for Prosecution Under Sections 2 and 3 of the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986.

The Supreme Court allowed the appeal filed by Jay Kishan and others against the State of Uttar Pradesh and others, challenging the dismissal of their ...

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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...