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Bombay High Court Sets Aside Bail Granted to Accused in Rape Case Due to Non-Compliance with Mandatory Notice Under Section 23(2) BNSS. Failure to Provide Notice to Victim Before Granting Bail Vitiated the Order.

The applicant, a woman working as a Guest Relation Manager, filed a criminal application before the Bombay High Court seeking to set aside an order da...

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Bombay High Court Dismisses Petition Challenging Inquiry and Appointment of Authorized Officer Under MCS Act — Petitioner Failed to Show Prejudice or Violation of Natural Justice. Inquiry Under Section 83 is Fact-Finding; Opportunity at Section 88 Stage Sufficient.

The petitioner, Gulabrao Sakharam Shelke, a former director of the Maharashtra State Co-operative Bank Ltd. (Respondent No.5), filed a writ petition u...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act, 1985. Secret Information Not Forwarded to Superior Officer, Search Vitiated.

The appellant, Kallumal Jaidmal Kukareja @ Kallumama, was convicted by the NDPS Special Judge, Greater Bombay, for an offence punishable under Section...

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Supreme Court Upholds Constitutional Validity of Gold (Control) Act, 1968 with Partial Striking Down. Court holds delegation of power to Administrator not excessive and applies severability doctrine to sever ultra vires provisions.

The case arose from a constitutional challenge to the Gold (Control) Act, 1968, enacted to curb gold smuggling and control internal gold transactions ...

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Bombay High Court Disposes of Criminal Appeals Against Conviction in MCOCA Special Case No.1 of 2006. Accused-Appellants Were Convicted Under Various IPC and MCOCA Sections for Kidnapping for Ransom and Murder; Appeals Heard and Disposed by Common Judgment.

The case involved the abduction, ransom demand, and murder of Sagar Sahani, son of businessman Satinder Sahani. On 14 August 2005, Sagar was abducted ...

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Karnataka High Court Allows Appeal and Remands Murder Case for Fresh Trial Due to Denial of Fair Trial. Conviction Under Sections 498A and 302 IPC Set Aside as Non-Examination of Medical and Forensic Witnesses and Non-Marking of Postmortem Report Vitiates Trial and Violates Article 21.

The appeal arose from a judgment of the IV Additional District and Sessions Judge, Madhugiri, which convicted the appellant, the husband of the deceas...

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Karnataka High Court Dharwad Bench Hears Revenue Appeal Against ITAT Order Deleting Penalty Under Section 271(1)(c) for Assessment Year 2006-07 Due to Defective Notice; Questions Validity of Penalty Initiation Despite Retrospective Amendment to Section 271(1B)

The appeal before the High Court of Karnataka, Dharwad Bench, arose from the order of the Income Tax Appellate Tribunal, Bengaluru, which had allowed ...