Search Results for "Section 43D"

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Madras High Court Grants Bail to Accused in NIA Case for Alleged ISIS Propaganda — Cites Lack of Prima Facie Evidence of Terrorist Act Under UAPA. Sharing of ISIS Content and Creation of WhatsApp Group 'Black Soldiers' Does Not Warrant Denial of Bail Under Section 43D(5) of UAPA.

The appellant, A.Alfasith, was arrested by the National Investigation Agency (NIA) in connection with RC No.03/2024/NIA/CHE for alleged offences under...

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Bombay High Court Allows Reference in Sales Tax Case, Holding Tribunal Must Adjudicate on Exim Scrips Levy Despite Ground Not Raised in Appeal Memo. Section 55 of Bombay Sales Tax Act, 1959 Confers Wide Appellate Powers to Consider Any Necessary Ground.

The case involves two Sales Tax References filed by M/s Bombay Dyeing & Mfg. Co. Ltd. against the Commissioner of Sales Tax, Maharashtra State. The ap...

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High Court of Karnataka Grants Bail to Accused in NIA Murder Case on Grounds of Parity and Delay in Trial. Appellants Accused of Murder Under Section 302 IPC and Offences Under Unlawful Activities (Prevention) Act Granted Bail as Co-Accused Already Released.

The appellants, accused Nos. 1 and 4, filed a criminal appeal under Section 21(4) of the NIA Act challenging the order dated 21.04.2021 passed by the ...

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High Court of Karnataka Quashes Remand Extension Order in UAPA Case for Lack of Jurisdiction — Magistrate Not Empowered to Extend Remand Beyond 15 Days Without Production of Accused. Default bail order set aside as premature.

The petitioners, five individuals arrested in Crime No.71/2022 registered by Panambur Police Station for offences under Sections 121, 121A, 120B, 153A...

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High Court of Karnataka Grants Bail to Accused in Murder Case Under KCOCA — Prima Facie Case Not Made Out Against Petitioners. Court Held That Mere Presence at Scene or Association with Co-Accused Without Active Participation Does Not Attract Offences Under Karnataka Control of Organised Crime Act, 2000.

The judgment pertains to three criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection ...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

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Bombay High Court Grants Bail to Accused in Pune Bomb Blasts Case Due to Lack of Direct Evidence and Delay in Trial. Applicant Allegedly Supplied Firearms Not Used in Blasts; Court Relaxes Statutory Bar Under UAPA and MCOCA.

The applicant, Aslam Shabbir Sheikh @ Bunty Jagirdar, was arrested on 13th January 2013 in connection with C.R. No. 168 of 2012 (later re-registered a...

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Bombay High Court Allows Anticipatory Bail in Unlawful Activities Case Due to Lack of Prima Facie Evidence of Terrorist Act. Applicants Granted Pre-Arrest Bail Under Section 438 CrPC as Allegations of Waging War Against Government and Unlawful Activities Not Substantiated.

The judgment pertains to multiple criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory ba...