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Search Results for "MCOCA"

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High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

6 Nov 2017

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...

High Court

Bombay High Court Upholds Constitutional Validity of Section 21(3) MCOCA and Approval for Applying MCOCA Provisions in Organised Crime Case. Challenge to Section 21(3) of Maharashtra Control of Organised Crime Act, 1999 and approval dated 31-10-2004 under Section 23(1)(a) dismissed as not violative of Articles 14, 19, 21 of Constitution.

11 Mar 2005

The petitioners, Lalit Somdatta Nagpal and Anil Somdatta Nagpal, filed two criminal writ petitions challenging the constitutional validity of Section ...

Supreme Court

Supreme Court Dismisses State Appeal in Gujarat Control of Terrorism and Organised Crime Act Case — Continuing Unlawful Activity Requires Post-Promulgation Offence. The Court held that the prosecution must prove that the accused committed an organised crime after the Act came into force, and mere prior charge-sheets are insufficient to invoke the Act.

15 Dec 2022

The State of Gujarat appealed against the High Court's order granting bail to the respondent-accused, Sandip Omprakash Gupta, who was charged under Se...

Supreme Court

Supreme Court Sets Aside Interim Bail Granted by High Court in MCOCA Case, Condemns Forum Shopping. The Court held that granting bail in a writ petition challenging vires of MCOCA provisions, after withdrawal of a regular bail application, amounts to impermissible forum shopping.

21 Sep 2021

The Supreme Court of India heard an appeal by the State of Maharashtra against an interim order of the Bombay High Court granting bail to the responde...

High Court

Bombay High Court Dismisses State Appeal in MCOCA Discharge Case for Lack of Evidence of Organised Crime Syndicate. Single Incident of Murder Does Not Constitute 'Organised Crime' Under Section 3 of Maharashtra Control of Organised Crime Act, 1999 Without Proof of Continued Unlawful Activity and Syndicate Membership.

6 May 2011

The State of Maharashtra appealed against an order of the Special Judge, Pune, discharging the respondent-accused Rahul Ramchandra Taru from offences ...

High Court

Bombay High Court Quashes FIR Against Canteen Licensee in Hooch Tragedy Case — No Prima Facie Case of Culpable Homicide. Licensee of Civil Hospital canteen cannot be held vicariously liable for deaths caused by spurious liquor served at a private party without evidence of direct involvement or knowledge under Section 304 IPC.

13 Sep 2019

The case arises from a tragic incident on 12/02/2017 where a dinner party organized by two candidates contesting Zilla Parishad and Panchayat Samiti e...

High Court

Bombay High Court Upholds Validity of Appointment of Special Judge under MCOCA — Remand Orders Not Vitiated. The court held that the appointment of a Special Judge under Section 5 of the Maharashtra Control of Organised Crime Act, 1999, by the State Government in consultation with the High Court is valid and the Judge can exercise powers of remand even if the notification does not explicitly mention remand powers.

6 Jul 2006

The petitioners, accused in various special cases under the Indian Penal Code, Prevention of Corruption Act, and the Maharashtra Control of Organised ...

High Court

Legal Appeals Under MCOCA: Examining Procedural Compliance and Judicial Review

11 Jun 2024

The case involves appeals under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), challenging orders rejecting applications ...

High Court

Bombay High Court Dismisses Petition Challenging Refusal of Sanction to Prosecute Police Officer Under MCOCA. Private Complaint for Offences Under MCOCA Requires Prior Sanction from Competent Authority Under Section 23 of the Act.

8 Feb 2013

The petitioner, Avinash Tukaram Sanas, filed a Criminal Writ Petition before the Bombay High Court challenging the order of the Commissioner of Police...

High Court

Bombay High Court Acquits Accused in MCOCA Case Due to Lack of Sanction Under Section 23(2) of MCOCA — Conviction for Attempt to Murder Set Aside as Cognizance Without Valid Sanction is Void Ab Initio.

25 Aug 2006

The case involves three appeals filed by accused persons (original accused Nos. 3, 4, and 5) against their conviction under the Maharashtra Control of...

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