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Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

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Bombay High Court Quashes DGFT Order Cancelling Advance Authorisation and EPCG Licences for Optical Fibre Manufacturer — Violation of Natural Justice and Non-Application of Mind. Petitioner's licences restored as cancellation was based on irrelevant considerations and without proper hearing.

The petitioner, Ashwini Ashish Dighe, proprietor of Sunteck Telecommunications, a manufacturer of optical fibres, filed a writ petition challenging th...

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Bombay High Court Upholds Validity of Maharashtra Revenue Services (Recruitment) Rules, 2020 and Directs Finalization of Seniority Lists for Deputy Collectors — Seniority to be Determined by Date of Continuous Officiation, Not by Date of Regular Promotion.

The judgment pertains to a batch of writ petitions filed by Deputy Collectors and the State of Maharashtra concerning the determination of seniority o...

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(SLP (C) No.28644 of 2019)

Background: The case involves a service dispute where an Executive Engineer (Civil) with the North Delhi Municipal Corporation was dismissed from serv...

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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)(...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

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High Court of Karnataka Acquits Foreign Nationals in NDPS Case Due to Lack of Conscious Possession. Conviction under Sections 21(C) and 28 of NDPS Act set aside as prosecution failed to prove possession of heroin beyond reasonable doubt.

The judgment pertains to two criminal appeals filed by foreign nationals, Marek Jaroslaw Lewandowicz and Johann Tuchler, against their conviction unde...