Search Results for "bail jurisdiction"

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Search Results for "bail jurisdiction"

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Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

High Court

Bombay High Court Dismisses Husband's Transfer Petition in Domestic Violence Case — Maintains Wife's Choice of Forum Under PWDV Act. The court held that the wife's choice of forum under Section 12 of the Protection of Women from Domestic Violence Act, 2005 cannot be overridden by the husband's convenience under Section 24 CPC.

20 Dec 2023

The judgment concerns two Miscellaneous Civil Applications filed by husbands seeking transfer of proceedings initiated by their wives under the Protec...

High Court

Bombay High Court Dismisses Bail Petition and Transfers NIA Case to Special Court in Parbhani ISIS Conspiracy Case. Court holds that bail cannot be granted on ground of delay in trial when accused is charged under Unlawful Activities (Prevention) Act, 1967 and IPC for conspiracy to commit terrorist acts, and that transfer of case to NIA Special Court is warranted under Section 406 CrPC for expeditious trial.

5 Jul 2018

The judgment concerns two connected matters: a writ petition filed by Naser Bin Abu Bakr Yafai seeking bail in Sessions Case No. 106 of 2016 pending b...

Supreme Court

Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

19 May 2020

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Detaining Authority Failed to Consider Grant of Bail in Similar Cases. Preventive Detention Order Set Aside as Subjective Satisfaction Was Not Based on Relevant Material Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

28 Mar 2018

The petitioner, Rohit Kesrinath Patil @ Dappu, challenged a detention order dated 6th January 2018 issued under Section 3 of the Maharashtra Preventio...

Supreme Court

Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

1 Oct 2024

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

High Court

Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

30 Jan 2006

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...

High Court

Bombay High Court Quashes Externment Order for Defective Show Cause Notice Under Section 59 Bombay Police Act, 1951. Show Cause Notice Failed to Specify Particulars of Offences and Witnesses, Violating Natural Justice.

15 Jan 2013

The petitioner, Hanuman Rajaram Mhatre, a resident of Dombivli, Thane, challenged the externment order passed by the Deputy Commissioner of Police, Zo...

High Court

Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

28 Jun 2013

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

High Court

Bombay High Court Holds Offences Under Section 132(1)(i) of CGST Act Are Bailable — Petitioner Entitled to Release on Bail. The court interpreted Section 132(5) of the CGST Act, 2017 to determine that offences punishable with imprisonment of five years or less are bailable, and arrest under Section 69 does not alter the bailable nature.

8 Feb 2021

The petitioner, Yogesh Jagdish Kanodia, was arrested on 30 December 2020 by the Assistant Commissioner of State Tax (Investigation-B), Mumbai, under S...

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