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High Court of Bombay Allows Release of Detained Vehicle in Customs Case — Petitioner's Vehicle Detained for Transporting Counterfeit Goods, Court Orders Release on Payment of Redemption Fine and Penalty

The petitioner, Haresh S. Bhanushali, proprietor of M/s. Jalaram Container Movers, owned a trailer bearing registration No. MH-46-H-1284. The vehicle ...

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Bombay High Court Dismisses Habeas Corpus Petition in Customs Act Detention Case — Detention Held Not Illegal. Petitioner's arrest under Section 104 of Customs Act, 1962 and subsequent judicial custody were lawful; no violation of Articles 14, 21, 22 of Constitution found.

The petitioner, Ankit Ghanshyam Mutha, filed a writ petition seeking a writ of habeas corpus and direction for his release from custody of the Directo...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 9 months and 21 days between arrest and detention order held to be fatal, vitiating the subjective satisfaction of the detaining authority under Section 3(1) of COFEPOSA.

The petitioner, wife of the detenu, filed a writ petition challenging the detention order dated 13.06.2012 issued under Section 3(1) of the Conservati...

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Bombay High Court Allows Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Vital Documents. Non-Consideration of Bail Order and Retraction of Statements Violates Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, wife of the detenu Ganesh Maharudra Desai, challenged the detention order dated 6/8/2009 passed under Section 3(1) of the Conservation...

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Bombay High Court Quashes Detention Order Under MPID Act for Non-Supply of Vital Bail Documents. Failure to furnish bail application and order to detenu violated Article 22(5) of Constitution and Section 8(b) of Maharashtra Prevention of Dangerous Activities Act, 1981.

The petitioner, Hemchand Somnath Gupta, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offender...

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Bombay High Court Allows Loss Deduction for Confiscated Foreign Currency in Income Tax Reference. Foreign currency confiscated by customs authorities under FERA held allowable as business loss under Income Tax Act, 1961, even though treated as undisclosed income.

The case involves an income tax reference by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) for the assessment year 1982-83...

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Bombay High Court Dismisses Revenue's Appeal in Customs Confiscation Case — Goods Not Liable for Confiscation Under Section 111(d) or 111(m) of Customs Act, 1962. Supplier's Innocent Involvement and Lack of Misdeclaration by Respondent Lead to Dismissal.

The case involves two appeals filed by the Commissioner of Customs & Central Excise, Goa, under Section 130 of the Customs Act, 1962, against a common...