Search Results for "Unlawful activities"

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Search Results for "Unlawful activities"

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Supreme Court

Supreme Court Refers to Larger Bench the Question Whether Mere Membership of a Banned Organization is Punishable Under Section 10 of UAPA, 1967 — Earlier Decisions in Arup Bhuyan and Raneef Holding That Mere Membership Does Not Incriminate Without Violence or Incitement Are Reconsidered as Union of India Was Not Heard.

24 Mar 2023

This judgment arises from a reference to a larger Bench of the Supreme Court of India, questioning the correctness of the decisions in Arup Bhuyan v. ...

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 Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

High Court

Bombay High Court Partly Allows Appeal of 12 Convicts under MCOC Act for Dacoity and Rape — Sentences Reduced. The court upheld the conviction under Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 but reduced the sentences considering the period of incarceration.

3 Aug 2021

The case involves an appeal by 12 appellants against their conviction under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act). The appel...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

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 2019

The 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...

High Court

High Court of Karnataka Dismisses Petition Seeking Discharge in NIA Murder Case — Petitioner Failed to Show Prima Facie Case for Discharge Under Section 227 Cr.P.C. The court held that at the stage of framing charges, only a prima facie case is required, and the petitioner's involvement in the murder of Rudresh using a machete was prima facie established under Sections 302, 201 read with 34 IPC, Sections 3 and 27 of Arms Act, and Sections 15, 16, 17, 18 and 20 of Unlawful Activities (Prevention) Act, 1967.

22 Nov 2018

The petitioner, Asim Shariff, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crimi...

High Court

Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

16 Jul 2014

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

High Court

Bombay High Court Allows Petitions Challenging MCOCA Application for Lack of Continuing Unlawful Activity. Court holds that isolated past offences without material showing ongoing criminal activity cannot attract provisions of Maharashtra Control of Organized Crime Act, 1999.

24 Jul 2006

The petitioners, Appa @ Prakash Haribhau Londhe and Uttam Ramchandra Hole, filed separate criminal writ petitions challenging the applicability of the...

High Court

Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 read with 34 IPC set aside as prosecution failed to establish the common object and individual overt acts beyond reasonable doubt.

30 Nov -0001

The case involves multiple criminal appeals filed by the appellants against their conviction under Section 302 read with Section 34 of the Indian Pena...

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