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Bombay High Court at Goa Quashes Inquiry Report of Goa Human Rights Commission Against Police Inspector for Alleged Assault and Illegal Detention — Report Found to Violate Principles of Natural Justice and Be Based on No Evidence.

The petitioner, a Police Inspector, challenged an inquiry report dated 24.09.2015 of the Goa Human Rights Commission which found him guilty of violati...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Improper Verification of In-Camera Statements. Failure to Record Subjective Satisfaction on Truthfulness of Secret Witnesses Renders Detention Invalid Under Section 3 of MPDA Act.

The petitioner, Pravin Ganpat Kakad, challenged an order of detention dated 21.08.2020 passed by the Commissioner of Police, Nashik City under Section...

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Bombay High Court Acquits Appellants in Murder Case Due to Lack of Credible Circumstantial Evidence. Conviction under Section 302 r/w 34 IPC set aside as prosecution failed to prove chain of circumstances beyond reasonable doubt.

The appellants, Shrinivas @ Shenu Shirsappa Ayyappa Swami and Vyankatesh @ Vyankati Narsimallu Sagar, were convicted by the Additional Sessions Judge,...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated by Failure to Furnish Statements of Co-Accused.

The petitioner, wife of the detenu Mushtaq Abubakar Sayed, filed a writ petition under Article 226 of the Constitution of India challenging the detent...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Supply of Vital Documents — Failure to Furnish In-Camera Statements and Documents Violates Article 22(5) of Constitution and Section 8 of MPDA Act.

The petitioner, Hanuman Rajaram Mhatre, was detained under an order dated 6th September 2017 passed by the Commissioner of Police, Thane, under Sectio...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Husband — No Custodial Detention Found. Court holds that habeas corpus is not maintainable when the alleged detenu is not in police custody and his whereabouts are unknown.

The petitioner, Usharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the police auth...

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Bombay High Court Dismisses Company's Challenge to SAFEMA Forfeiture Order for Property Linked to Narcotics Trafficking. Burden of Proof Under Section 7 SAFEMA Not Discharged by Claimant.

The petitioner, Imperial Exim (India) Pvt. Ltd., challenged an order dated 31 March 2011 passed by the Appellate Tribunal for Forfeited Property, New ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Detenu in Judicial Custody — Failure to Show Imminent Possibility of Bail Renders Order Invalid. Preventive detention cannot be sustained when detenu is already in custody and no cogent material exists to indicate likely release on bail.

The petitioner, father of the detenu Jaidev @ Rajubhai @ J.D. Ramji Mishra, filed a habeas corpus petition under Article 226 of the Constitution chall...