Search Results for "in-camera witnesses"

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Search Results for "in-camera witnesses"

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High Court

Bombay High Court Quashes MPDA Detention Order for Non-Communication of Documents — Violation of Section 8 MPDA Act. Preventive Detention Order Set Aside as Detenu Was Not Supplied Copies of In-Camera Statements and Bail Order, Depriving Him of Right to Make Effective Representation.

28 Jan 2019

The petitioner, Omkar Chandrashekhar Kapare, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Subjective Satisfaction Vitiated by Casual Approach. Delay of 9 months between incident and detention order held to vitiate the subjective satisfaction under MPDA Act.

15 Dec 2017

The petitioner, Aalam Yosuf Shaikh, challenged a detention order dated 15 September 2017 passed under the Maharashtra Prevention of Dangerous Activiti...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Unreasonable Delay. Court holds that reliance on fabricated offences and lack of live link between alleged activities and detention order vitiates preventive detention.

18 Apr 2017

The petitioner, Anil s/o Ramesh Manglani, challenged a detention order dated 21.09.2016 passed by the Commissioner of Police, Nagpur City under Sectio...

High Court

Bombay High Court Quashes Detention Order Under MPID Act Due to Non-Application of Mind to Acquittals and Bail Orders. The detaining authority overlooked acquittals in 22 out of 28 cases and a bail order with an observation that identity was not established, vitiating the subjective satisfaction under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981.

13 Apr 2017

The petitioner, a detenu, challenged an order of detention dated 12.09.2016 passed by the District Magistrate, Wardha under Section 3 of the Maharasht...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Verification of In-Camera Statements. The court held that the detaining authority must consider bail conditions and verify in-camera statements under Section 3(4) of the MPDA Act, 1981.

26 Apr 2016

The petitioner, Lalya @ Kishor Arun Waghmare, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Of...

High Court

Bombay High Court Quashes Externment Orders Under Section 56(b) of Bombay Police Act, 1951 for Non-Compliance with Procedural Safeguards. Orders set aside as show cause notices failed to specify the period of proposed externment and the authority did not consider less drastic alternatives.

1 Dec 2015

The Bombay High Court at Nagpur Bench heard three criminal writ petitions challenging externment orders passed under Section 56(b) of the Bombay Polic...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Verification of Incamera Statements. Preventive Detention Order Set Aside as Detaining Authority Did Not Consider Petitioner's Bail Status and Failed to Verify Incamera Statements.

15 Sep 2015

The petitioner, Jay @ Nunya Rajesh Bhosale, challenged a detention order dated 19.5.2015 passed by the Commissioner of Police, Pune, under Section 3(2...

High Court

Bombay High Court Quashes Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 for Non-Application of Mind and Lack of Compelling Necessity. The court held that failure to consider the petitioner's custody status and the staleness of incidents rendered the detention order invalid.

3 Oct 2012

The petitioner, Allauddin @ Nigro @ Babu Chand Sayyed, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

25 Jun 2012

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Lack of Compelling Necessity for Preventive Detention. The court held that the detaining authority must consider the detenu's bail status and demonstrate a compelling necessity for preventive detention over ordinary law.

30 Jun 2011

The petitioner, wife of the detenu Firoz Khan alias Aabu, challenged a detention order dated 31.12.2010 passed by the Commissioner of Police, Nagpur, ...

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