Search Results for "Gold Seizure"

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Seizure of Vessel Under Customs Act, 1962; Seizure of Re-imported Floating Crane Valid as Exemption Notification Inapplicable When Re-import Not by Original Exporter.

The case involved a writ petition filed by Fomento Resources Private Limited and its director challenging the seizure of a floating crane, MV Maria La...

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Bombay High Court Dismisses Revision Against Conviction in Customs Act Case — Evidence of Possession of Contraband Gold Sufficient to Sustain Conviction Under Sections 135(1)(a)(i) and 135(1)(b)(i) of Customs Act, 1962 and Section 5 of Imports and Exports (Control) Act, 1947.

The applicant, Eliyad Abdulla Bholim, was tried for offences punishable under Sections 135(1)(a)(i) and 135(1)(b)(i) of the Customs Act, 1962 and Sect...

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Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...

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High Court Dismisses Application Under Section 482 CrPC Against Order Releasing Seized Gold to Claimant with Superior Title, Holding Magistrates Discretion Properly Exercised. The Magistrates Conditional Interim Custody Order Was Not Final Determination and Applicant Could Seek Relief from Trial Court.

The criminal application under Section 482 of the Code of Criminal Procedure arose from a dispute over interim custody of seized gold and cash in a pe...

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High Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Complete Chain of Circumstances, Particularly with Recovery of Gold Chain Lacking Corroboration.

The appeal arose from a conviction under Section 302 of the Indian Penal Code, 1860, where the appellant was sentenced to life imprisonment for murder...

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Bombay High Court Upholds Conviction for Robbery in Auto Rickshaw Snatching Case — Identification by Informant and Recovery of Stolen Articles Sufficient to Sustain Conviction Under Section 394 IPC.

The revision petitioner, Mansingh Dhonduram Sakpal, was convicted by the trial Magistrate for the offence punishable under Section 394 read with Secti...

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Bombay High Court Allows Loss Deduction for Confiscated Foreign Currency in Income Tax Reference. Foreign currency confiscated by customs authorities under FERA held allowable as business loss under Income Tax Act, 1961, even though treated as undisclosed income.

The case involves an income tax reference by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) for the assessment year 1982-83...

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Bombay High Court Quashes COFEPOSA Detention Order Due to Unexplained Delay. Preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 set aside as live nexus between smuggling activity and detention order snapped by 10-month delay.

The petitioner, Farida Imram Chamundi, wife of the detenu, challenged a preventive detention order passed under the Conservation of Foreign Exchange a...

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Karnataka High Court Hears Appeal Against Conviction Under Sections 302 and 397 IPC. Accused Challenges Life Imprisonment for Murder and Robbery of Mother-in-Law.

The present criminal appeal arose from the judgment of conviction and order of sentence dated 24.05.2017 passed by the Principal Sessions Judge, Udupi...