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Search Results for "foreign detention"

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Supreme Court

Supreme Court Allows Appeal by Prison Authorities Against High Court's Set-Off Order Due to Improper Exercise of Inherent Powers. High Court Erred in Entertaining Petition Under Section 482 CrPC When Statutory Appeal Remedy Under Section 374(2) CrPC Was Available, Reversing Grant of Set-Off Under Section 428 CrPC for Remand Periods.

22 Apr 2025

The appeal was filed by the Superintendent of Prison and Inspector of Police against a judgment of the High Court of Judicature at Madras dated 11.09....

High Court

Bombay High Court Allows Appeal in Admiralty Bunkers Arrest Case. Bunkers on board a ship can be arrested and sold separately under admiralty jurisdiction as they are not part of the ship.

5 May 2017

The appellant, Mansel Limited, a Bermuda company engaged in chartering vessels, filed an admiralty suit seeking arrest of bunkers on board the vessel ...

High Court

Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

28 Jan 2016

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Verification of Incamera Statements. Preventive Detention Order Set Aside as Detaining Authority Did Not Consider Petitioner's Bail Status and Failed to Verify Incamera Statements.

15 Sep 2015

The petitioner, Jay @ Nunya Rajesh Bhosale, challenged a detention order dated 19.5.2015 passed by the Commissioner of Police, Pune, under Section 3(2...

High Court

Bombay High Court Allows Appeal Against Removal of Trustee in Charity Dispute — Conviction by Foreign Court Not Automatically 'Moral Turpitude' Under Maharashtra Public Trusts Act, 1950. Court holds that conviction by a foreign court does not ipso facto constitute an offence involving moral turpitude under Section 41D of the Act without proof of the nature of the offence.

5 Nov 2014

The case involves two appeals filed by Prabodh K. Mehta against an order of the City Civil Court dated 20 July 2013. The City Civil Court had dismisse...

High Court

Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

1 Aug 2014

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

High Court

Bombay High Court Quashes COFEPOSA Detention Orders for Smuggling of Red Sanders/Sandalwood — Failure to Consider Less Restrictive Alternatives and Non-Application of Mind. Preventive detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider possibility of prosecution under Customs Act and failed to apply mind to relevant material.

24 Jul 2013

The Bombay High Court allowed two habeas corpus writ petitions challenging detention orders dated 21 February 2013 issued under Section 3(1) of the Co...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind — Detenu's Representation Not Considered Before Confirmation. Failure to Consider Representation Before Confirmation Under Section 8(f) of COFEPOSA Renders Detention Invalid.

4 Aug 2006

The petitioner, brother of the detenu, challenged the detention order dated 2.4.2004 passed under section 3(1) of the Conservation of Foreign Exchange...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered before passing detention order under Section 3(1) of COFEPOSA Act, 1974, and the order disclosed total non-application of mind.

13 Jan 2005

The petitioner, Balbir Kaur, acting as next friend of the detenu Inderjeet Hunjun, filed a criminal writ petition challenging an order of detention da...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered by the detaining authority, and the detention order disclosed total non-application of mind.

12 Jan 2005

The petitioner, Sanpreet Kaur Tejpal Singh, wife of the detenu Tejpal Mann Singh, challenged the detention order dated 6-2-2004 passed by respondent N...

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