Search Results for "custody requirement"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "custody requirement"

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Supreme Court

Supreme Court Upholds Life Ban on Cricketer in BCCI Spot-Fixing Case — Disciplinary Committee's Findings Based on Audio Recordings and Commissioner's Report Upheld. The Court held that the standard of proof in domestic disciplinary proceedings is preponderance of probabilities, and the BCCI's decision was not perverse.

15 Mar 2019

The Supreme Court dismissed the appeal filed by cricketer S. Sreesanth challenging the life ban imposed by the Board of Control for Cricket in India (...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

Supreme Court

Supreme Court Upholds Armed Forces Tribunal's Order Setting Aside Conviction for Theft of Pistols in Army Court Martial — Confessional Statements Found Involuntary and Uncorroborated. Secondary Evidence Improperly Admitted Without Foundation, and Army Rule 58 Violated as Prosecution Case Not Put to Accused.

13 Sep 2019

The Supreme Court dismissed the appeals filed by the Union of India and the accused, thereby upholding the Armed Forces Tribunal's order dated Decembe...

High Court

Bombay High Court Quashes Process Against Police Constable in Wrongful Confinement and Extortion Case — Allegations of False Implication and Unlawful Detention Not Sufficiently Made Out. Court holds that the complaint lacked essential ingredients of Sections 342 and 385 IPC as the detention was purportedly in connection with a lawful investigation and no demand of property was made from the complainant.

29 Jan 2024

The petitioner, a Police Head Constable at Anti-Dacoity Squad, Crime Branch, Pune, filed a writ petition under Article 227 of the Constitution of Indi...

High Court

Bombay High Court Allows Revision Against Rejection of Further Investigation in Murder Case — Section 173(8) CrPC Application Improperly Dismissed Without Considering Need for Further Investigation. The court held that the Sessions Judge erred in dismissing the application for further investigation without considering the scope of Section 173(8) CrPC and the new material brought by the applicant.

31 Aug 2023

The applicant, Sandeep Sunil Kumar Lohariya, son of the deceased, filed a criminal revision application before the Bombay High Court challenging an or...

High Court

Bombay High Court Orders Release of Impounded Vehicle in Motor Vehicles Act Case — Detention Unwarranted as Documents Were Available. Vehicle owner entitled to release of vehicle impounded under Section 207(1) of Motor Vehicles Act, 1988 for non-production of documents, as owner was ready to pay fine and documents were subsequently produced.

16 Jul 2021

The petitioner, Vijay Kashinath Goradkar, filed a Criminal Writ Petition before the Bombay High Court seeking release of his Toyota Fortuner vehicle (...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Lack of Compelling Necessity for Preventive Detention. The court held that the detaining authority must consider the detenu's bail status and demonstrate a compelling necessity for preventive detention over ordinary law.

30 Jun 2011

The petitioner, wife of the detenu Firoz Khan alias Aabu, challenged a detention order dated 31.12.2010 passed by the Commissioner of Police, Nagpur, ...

High Court

Bombay High Court Directs Police to Register FIR and Investigate Complaint of Cheating and Criminal Breach of Trust — Petitioner's Grievance of Inaction by Police Upheld. The court held that the police have a mandatory duty under Section 154 of the Code of Criminal Procedure, 1973 to register an FIR upon receipt of information disclosing a cognizable offence, and failure to do so entitles the aggrieved person to seek a writ under Article 226 of the Constitution of India.

19 Dec 2011

The petitioner, Mukesh R. Gokal, a garment exporter, filed a writ petition under Article 226 of the Constitution of India seeking directions to the po...

High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated by Failure to Furnish Statements of Co-Accused and Retraction Letters.

17 Jul 2015

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

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