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Bombay High Court Allows Writ Petition Against Rejection of KVSS Declaration — Post-Manufacturing Expenses Dispute. The court held that an appeal is pending until the order is communicated to the party, and thus the declaration under Section 95 of the Finance (No.2) Act, 1998 was validly filed.

The petitioner, M/s. Pepsico India Holdings Ltd., a company engaged in manufacturing aerated water, soft drinks, and fruit-pulp based drinks, was issu...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Settlement Application. Preventive detention order set aside as detaining authority failed to consider detenu's pending settlement application under Customs Act and Central Excise Act before passing order.

The petitioner, brother-in-law of the detenu Charles Patrick, challenged the detention order dated 5.5.2006 passed under Section 3(1) of the Conservat...

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Bombay High Court Dismisses Petition for Anticipatory Bail in NDPS Case Involving Commercial Quantity of Ganja. Custodial Interrogation Necessary When Recovery Exceeds Commercial Quantity and Accused Is Named in Statements of Co-Accused.

The petitioner, Haridas Shankar Gaikwad, aged 52 years, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Sectio...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act. Secret Information Not Reduced to Writing and Sent to Superior Officer, Rendering Search and Seizure Illegal.

The appellant, Shaikh Ibrahim Shaikh Usman, was convicted by the Additional Sessions Judge, Malegaon in Sessions Case (NDPS) No.11 of 2004 for an offe...

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Bombay High Court Allows Furlough to Convict in Terrorist Crime Case Due to Non-Retrospective Application of Prison Rules. Sub Rule (13) of Rule 4 of Prisons (Bombay Furlough and Parole) Rules, 1959 Cannot Be Applied to Offences Committed Before Its Enactment on 23.02.2012.

The petitioner, Abdul Gani Ismail Turk, was convicted in the 1993 Mumbai Serial Bomb Blast case and sentenced to death by the TADA Court. The Supreme ...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act. Search Conducted Without Informing Accused of Right to be Searched Before Gazetted Officer or Magistrate, Rendering Recovery Illegal.

The applicant, Dhanji Dubriya, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection with F...