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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material.

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) o...

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High Court of Bombay at Aurangabad Quashes Chief Information Commissioner's Orders Recalling Predecessor's Decision in RTI Matter — Pending Writ Petition Before High Court Bars Commissioner from Reviewing Own Order.

The petitioner, Vijaykumar Namdeo Kakade, filed a writ petition under the Right to Information Act, 2005, challenging two orders dated 25.07.2013 and ...

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Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

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Bombay High Court Quashes Chief Information Commissioner's Orders Recalling Predecessor's Decision While Writ Petition Pending. Information Commissioner Cannot Review or Recall Own Order When Challenge to That Order is Sub Judice Before High Court.

The petitioner, Vijaykumar Namdeo Kakade, filed a writ petition challenging two orders dated 25.07.2013 and 15.10.2013 passed by the Chief Information...

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Bombay High Court Quashes FIR Against 24 Accused in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, 24 individuals, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Pr...

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Supreme Court Allows Appeal of Accused in Murder Case, Restoring Acquittal Due to Unjustified Interference by High Court. High Court's Reversal of Acquittal Under Section 302 read with Section 34 IPC Set Aside as Trial Court's View Was Plausible and Not Perse Under Principles of Section 378 Cr.P.C.

The dispute arose from a criminal appeal before the Supreme Court of India, where the appellant, an accused in a murder case, challenged the High Cour...