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Bombay High Court Grants Default Bail to Accused in MCOCA Case Due to Non-Filing of Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) Cr.P.C. is not defeated by subsequent inclusion of MCOCA offences after the expiry of the statutory period.

The appellants were arrested on 31.05.2021 in connection with Crime No.509/2021 for offences under Sections 302, 201, 120-B, 364, 212 read with Sectio...

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Bombay High Court Allows Writ Petition Challenging Settlement Commission Order in Customs Duty Case — Violation of Natural Justice and Lack of Speaking Order. Settlement Commission's order set aside for failing to consider submissions and provide reasons, remanded for fresh consideration.

The petitioners, M/s Halliburton Offshore Services Inc. and its employees, filed a writ petition challenging an order of the Settlement Commission, Cu...

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Bombay High Court Dismisses Union of India's Challenge to Settlement Commission Order Classifying Motor-home Under CTH 87.02. Settlement Commission Has Jurisdiction to Interpret Tariff Classification Under Customs Act, 1962.

The Union of India filed a writ petition challenging an order dated 28.07.2008 passed by the Customs and Central Excise Settlement Commission, Additio...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Invalid Delegation of Powers. Delegation Order Under Section 3(2) Must Record Satisfaction Based on Material and Reasons; Absence Renders Delegation and Subsequent Detention Orders Invalid.

The petitioner, Alakshit Rajesh Ambade, challenged the legality of a preventive detention order dated 02.07.2022 passed by the Commissioner of Police,...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Search Conducted Without Magistrate or Gazetted Officer. Non-compliance with mandatory provision of Section 50 of NDPS Act renders conviction unsustainable.

The appellant, Chidi Oscita Okonkowa, was convicted by the Sessions Judge, North Goa, Panaji, in Special Criminal Case No. 41/2014 (NDPS) for possessi...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

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Bombay High Court Allows Accused's Petition in NDPS Act Case — Default Bail Granted Under Section 167(2) CrPC. Right to default bail cannot be defeated by seeking police custody for Section 27 discovery after charge sheet period expires.

The petitioner, Swapnil Gaikwad, was arrested in connection with an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)....