Legal Appeals Under MCOCA: Examining Procedural Compliance and Judicial Review
11 Jun 2024The case involves appeals under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), challenging orders rejecting applications ...
Search Results for "MCOCA approval"
40 result(s) found
Found 40 result(s)
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 2022The State of Gujarat appealed against the High Court's order granting bail to the respondent-accused, Sandip Omprakash Gupta, who was charged under Se...
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High Court
Bombay High Court Partly Allows Quashing Petition in Extortion Case — MCOCA Approval Set Aside for Lack of Application of Mind. FIR under Section 387 IPC Upheld as Prima Facie Case Exists, but Sanction Under Section 23(1) MCOCA Quashed as Mechanical and Without Proper Satisfaction.
14 Dec 2021The Applicant, Hemant Dhirajlal Banker, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.303/...
High Court
Bombay High Court Allows Appeal in MCOCA Case Due to Lack of Sanction and Absence of Organized Crime Syndicate. Appellant discharged as prosecution failed to establish existence of a continuing unlawful activity and prior sanction under Section 23(2) of MCOC Act, 1999 was not obtained.
9 Dec 2021The appellant, Prem Chunnilal Yadav, filed a criminal appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) chall...
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 2021The 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...
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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 2019The 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...
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High Court
High Court of Karnataka Allows Appeal in KCOCA Case — Discharges Accused for Lack of Prima Facie Evidence of Organised Crime. Court holds that mere recovery of stolen property and allegations of cheating do not satisfy the definition of 'organised crime' under Section 3 of KCOCA without proof of continuing unlawful activity and syndicate.
8 Feb 2019The appellant, S. Narayan, was an accused in Spl.C.C.No.417/2016 before the Prl. City Civil & Sessions Judge, Bengaluru, for offences under Sections 3...
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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 2017The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...
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High Court
Bombay High Court Dismisses Petition Seeking Review Committee for MCOCA Cases — No Statutory Basis for Review Committee Under MCOCA. Court held that MCOCA does not provide for a Review Committee and directions given in Kartar Singh for TADA cannot be imported into MCOCA.
7 May 2010The petitioner, Vijay Anant Vashirde, was an accused in MCOC Special Case No.6 of 2009 under the Maharashtra Control of Organized Crime Act, 1999 (MCO...
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 2005The petitioners, Lalit Somdatta Nagpal and Anil Somdatta Nagpal, filed two criminal writ petitions challenging the constitutional validity of Section ...
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