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Bombay High Court Quashes Detention Order Under PASA Act for Non-Application of Mind and Procedural Lapses. Detenu's Preventive Detention Set Aside as Subjective Satisfaction Was Not Properly Recorded and Grounds of Detention Were Not Communicated in Time.

The petitioner, Nitin Bhimabhai Patel, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA Act) by orders dated 14/03/...

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Bombay High Court Quashes Preventive Detention Orders for Violation of Right to Make Effective Representation Under Article 22(5) of Constitution. Non-supply of Bail Application and Bail Order in Connected Crime Renders Detention Invalid Despite Section 5A of MPDA Act.

The petitioner, Sayed Jafar Sayed Nasir, challenged two detention orders dated 20th February 2018 and 12th March 2018 passed by the Commissioner of Po...

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Bombay High Court Quashes MPDA Detention Order for Non-Communication of Documents — Violation of Section 8 MPDA Act. Preventive Detention Order Set Aside as Detenu Was Not Supplied Copies of In-Camera Statements and Bail Order, Depriving Him of Right to Make Effective Representation.

The petitioner, Omkar Chandrashekhar Kapare, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords...

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Bombay High Court Dismisses Habeas Corpus Petition and Quashes FIR in Matrimonial Dispute. Court holds that a married woman living with her parents voluntarily cannot be the subject of habeas corpus, and that the husband's FIR for kidnapping and impersonation was an abuse of process.

The judgment involves two connected writ petitions. The first petition (Criminal Writ Petition No.2757 of 2004) was filed by Iftekar Usman Shaikh unde...

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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...