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Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

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Bombay High Court Issues Guidelines for Detention of Overstaying Foreign Nationals in Suo Motu Writ Petition. Court directs State of Goa to establish detention centres and formulate standard operating procedures for handling foreign nationals who overstay their visas.

The Bombay High Court at Goa took suo motu cognizance of the issue of overstaying foreign nationals in the State of Goa, arising from a criminal writ ...

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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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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 Constitution Violated as Statements of Co-Accused Not Furnished.

The petitioner, brother-in-law of the detenu Burhan Fakhruddin Khatumdi, challenged a detention order dated 27.3.2015 passed by the Principal Secretar...

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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.

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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Bombay High Court Quashes 26-Year-Old COFEPOSA Detention Order Due to Inordinate Delay in Execution — Preventive Detention Order Loses Its Rationale When Executed After 26 Years Without Explanation

The petitioners, cousins of the detenu Mohammed Ali Vengadan, filed a Habeas Corpus writ petition under Article 226 of the Constitution of India befor...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Detenu's Exoneration in Adjudication Proceedings Not Considered by Detaining Authority, Rendering Order Invalid Under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detenu Bherchand Tikaji Bora, challenged an order of detention dated 27th August 1998 passed under Section 3(1) of the ...