Search Results for "Unlawful activity"

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Search Results for "Unlawful activity"

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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...

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 2021

The appellant, Prem Chunnilal Yadav, filed a criminal appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) chall...

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...

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

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 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 Upholds Transfer of MCOC Case to Sessions Court for Lack of Jurisdiction — Offence Not Under MCOC Act. Special Court Correctly Found No Organized Crime Syndicate or Continuing Unlawful Activity Under Section 2(1)(e) and Section 3 of MCOC Act.

25 Jun 2014

The case involves two appeals against an order dated 7th October 2011 passed by the Special Court under the Maharashtra Control of Organized Crime Act...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Motive. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

8 Dec 2006

The case involves two criminal appeals filed by the appellants against their conviction under Section 302 of the Indian Penal Code, 1860 (IPC) for mur...

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...

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