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Supreme Court

Supreme Court Allows Father's Appeal for Disinterment of Son's Body in Encounter Case, Upholding Right to Dignified Burial Under Article 21. The court held that the state's arbitrary denial of disinterment, while permitting it for others killed in the same encounter, violated Articles 14 and 21 of the Constitution of India, as the right to life includes the right of next of kin to perform last rites according to religious traditions.

12 Sep 2022

The appeal arose from a dispute over the disinterment of the body of Mohd. Amir Magrey, killed in an encounter between police and militants in Hyderpo...

Supreme Court

Supreme Court Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

High Court

Bombay High Court Dismisses Bail Appeal in NIA Case Under UAPA and Explosives Substances Act — Appellant Alleged Co-Conspirator in ISIL Terror Plot. Court Held That Prima Facie Case of Conspiracy and Recovery of Incriminating Material From Appellant's House Attracted Bar Under Section 43D(5) of UAPA, Precluding Grant of Bail.

13 Aug 2021

The appellant, Iqbal Ahmed Kabir Ahmed, was accused No. 3 in a case registered by the National Investigation Agency (NIA) for offences under the India...

High Court

Bombay High Court Dismisses NIA Appeal Against Bail Granted to Accused in UAPA Case — Bail Upheld on Grounds of No Prima Facie Case of Terrorist Act. Court held that mere association with ISIS without evidence of conspiracy to commit terrorist acts does not attract Section 16 of UAPA, and Section 43D(5) bar on bail is not triggered.

23 Feb 2021

The National Investigation Agency (NIA) appealed against an order dated 17/03/2020 passed by the Additional Sessions Judge and Special Judge under the...

Supreme Court

Supreme Court Modifies Life Sentence of Army Convict for Murder Under Section 69 of Army Act, Orders Release. Court considers mental state, immediate surrender, and service of 16 years as sufficient punishment.

18 Mar 2020

The present appeal arises from a judgment of the Armed Forces Tribunal (AFT) dismissing the appellant's challenge to his conviction by a Summary Gener...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

Bombay High Court Quashes Remand Orders by POTA Special Judge for Lack of Jurisdiction Under Section 167 CrPC. Special Judge Appointed Under Section 23(4) of POTA Cannot Exercise Magisterial Powers of Remand.

5 Oct 2012

The petitioner, Saquib Abdul Hamid Nachan, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India before the Bombay Hi...

High Court

Bombay High Court Grants Bail to Alleged Maoist Members in UAP Act Case — Insufficient Evidence of Terrorist Activity. Mere Membership of Banned Organization Without Active Participation Does Not Attract Stringent Bail Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967.

3 Oct 2012

The judgment concerns two bail applications filed by Jyoti Babasaheb Chorge (Accused No.4) and Sushma Hemant Ramtekke (Accused No.2) in Sessions Case ...

High Court

Bombay High Court Quashes Charges Against Elderly Petitioners in Assault Case Due to Lack of Specific Allegations. Allegations of Assault with Iron Rod and Criminal Intimidation Under Sections 307, 324, 504, 506 IPC Found to Lack Essential Ingredients Against Petitioners.

4 Sep 2012

The petitioners, Baliram (aged 82), Prayagbai (aged 80), and Parasram (aged 28), filed a criminal writ petition under Article 227 of the Constitution ...

High Court

Bombay High Court Dismisses Appeals Against Attachment of Properties Under PMLA, 2002 — Confirms Provisional Attachment Orders for Alleged Money Laundering in Hawala Transactions. The court held that the properties attached were proceeds of crime derived from scheduled offences under the Prevention of Money Laundering Act, 2002, Section 5(1).

5 Aug 2010

The judgment pertains to three appeals filed by Radha Mohan Lakhotia, Radha Mohan Lakhotia (HUF), and Mrs. Asha Lakhotia against the order of the Appe...

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