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Search Results for "UAPA"

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Supreme Court

Supreme Court Dismisses Transfer Petition in PMLA Case Seeking Venue Change from Lucknow to Ernakulam. Transfer Under Section 406 CrPC Not Granted as Accused Failed to Establish Exceptional Circumstances or That Place of Predicate Offence Determines PMLA Trial Venue Under Section 65 PMLA.

10 Apr 2023

The Supreme Court considered a transfer petition filed by an accused in a Prevention of Money-laundering Act (PMLA) case seeking to transfer the proce...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

Supreme Court

Supreme Court Dismisses State's Appeal Against Setting Aside of Penalty on Contractors in Government Contract Dispute. Penalty Imposition During Extension of Time Found Impermissible Under Clause 3.5.5(v) of Odisha Public Work Department Code, Volume I, Which Applies Only to Contract Termination Scenarios.

24 Mar 2023

The Supreme Court heard appeals filed by the State of Orissa challenging the High Court's decision to set aside penalties imposed on contractors while...

Supreme Court

Supreme Court Dismisses Review Petition in UAPA Default Bail Case Due to Absence of Error Apparent on Record. Court Reaffirms That Only 'The Court' Under Section 43-D(b) of Unlawful Activities (Prevention) Act, 1967 Can Grant Extension of Investigation Time, Not Magistrate, Following Bikramjit Singh Precedent.

15 Mar 2022

The Supreme Court dealt with a Review Petition concerning a previous judgment where appellants had been granted default bail under the Unlawful Activi...

Supreme Court

Supreme Court Dismisses Appeal by Stone Quarry Lease Holders Against NGT Order Prohibiting Mining in Elephant Corridor. The Court upheld the National Green Tribunal's directions to ban mining activities in the Similipal-Hadagarh-Kuldiha-Similipal elephant corridor and to complete the process for declaring a conservation reserve under Section 36 of the Wildlife (Protection) Act, 1972, based on environmental and wildlife conservation concerns.

2 Mar 2022

The dispute arose from an original application filed by Rural Organisation for Social Empowerment before the National Green Tribunal, seeking cancella...

Supreme Court

Supreme Court Allows Accused's Appeal in UAPA Case, Directing Provision of Redacted Statements of Protected Witnesses. The Court Held That Fair Trial Principles Under Section 207 Cr.P.C. Require Disclosure of Relevant Evidence, and Witness Protection Under Section 44 UAPA Only Permits Redaction of Identity Details, Not Withholding Entire Statements.

25 Feb 2022

The appeal arose from a dispute under the Unlawful Activities (Prevention) Act, 1967 (UAPA), involving the accused's right to access statements of pro...

Supreme Court

Supreme Court Issues Directions for Vulnerable Witness Deposition Centres to Ensure Fair Trial and Dignity Under Article 21. The Court expanded the definition of vulnerable witnesses and mandated High Courts to adopt schemes, set up centres, and establish training committees for recording evidence in criminal cases.

11 Jan 2022

The Supreme Court addressed the long-standing issue of creating a safe and barrier-free environment for recording evidence of vulnerable witnesses in ...

Supreme Court

Supreme Court Grants Bail to Accused in NIA Case Due to Long Incarceration and Delay in Trial. Right to Speedy Trial Under Article 21 Prevails Over Statutory Bail Restrictions Under Section 43D(5) UAPA When Trial Cannot Be Completed in Reasonable Time.

1 Dec 2021

The Supreme Court allowed the appeal of Ashim @ Asim Kumar Haranath Bhattacharya, accused no. 6 in a case investigated by the National Investigation A...

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...

Supreme Court

Supreme Court Dismisses Appeals in National Investigation Agency Act Case Upholding State Court Jurisdiction Until NIA Takeover. The Court held that under Section 6(7) of the National Investigation Agency Act, 2008, the State Police may continue investigation until the NIA actually takes over, and state courts retain jurisdiction under the Code of Criminal Procedure, 1973 for scheduled offences until that point.

20 Oct 2021

The appeals arose from a judgment of the Bombay High Court dated 5 July 2018, which dismissed a criminal writ petition challenging the jurisdiction of...

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