Search Results for "preventive proceedings"

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Search Results for "preventive proceedings"

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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Service on Detenue in Judicial Custody and Reliance on Irrelevant Material. The court held that failure to serve detention order promptly and reliance on a case where detenue was not involved vitiates the subjective satisfaction under the MPDA Act.

1 Oct 2025

The petitioner, Dikshant @ Dadu Devidas Sapkale, challenged a preventive detention order dated 18.07.2024 passed by the District Magistrate, Jalgaon u...

Supreme Court

Supreme Court Quashes Disciplinary Proceedings Against Police Officer in 1984 Anti-Sikh Riots Case Due to Inordinate Delay and Procedural Unfairness. The Court held that remand to Disciplinary Authority for fresh disagreement note was unjustified given 38-year delay, appellant's retirement at age 80, and violation of natural justice in earlier proceedings under service rules.

23 Apr 2025

The appeal arose from disciplinary proceedings against a police officer related to the 1984 Anti-Sikh Riots. The appellant, posted as Inspector of Pol...

High Court

High Court of Karnataka Quashes Preventive Detention Under Goonda Act for Non-Application of Mind and Lack of Material. Detention order set aside as the detaining authority failed to consider the detenu's bail applications and did not provide relevant documents to the detenu, violating procedural safeguards under Article 22(5) of the Constitution.

16 Oct 2024

The petitioner, Smt. Sangeeta Sunkrol, wife of the detenu Satish @ Market Satya, filed a writ petition for habeas corpus challenging the detention ord...

Supreme Court

Supreme Court Allows Appeal Against Preventive Detention Under COFEPOSA Due to Unexplained Delay in Considering Representation — Right Under Article 22(5) Violated. The Court held that the 60-day delay in considering the detenue's representation by the Central Government was unexplained and vitiated the detention order.

15 May 2023

The Supreme Court allowed an appeal against a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activi...

High Court

Bombay High Court Dismisses Writ Petition Challenging Seniority List of Customs Officers — No Violation of Principles of Natural Justice or Equality Found. The court held that the seniority list was prepared in accordance with the Recruitment Rules and the petitioners failed to demonstrate any arbitrariness or discrimination.

6 Feb 2018

The petitioners, nine Superintendents of Customs (Preventive) working under the Commissioner of Customs (General), Mumbai, filed a writ petition chall...

High Court

Bombay High Court at Goa Dismisses Detenu's Writ Petition Challenging Preventive Detention Under COFEPOSA — Upholds Detention Order Based on Smuggling of Foreign Currency and Gold. The court held that the detaining authority's subjective satisfaction was valid and the procedural safeguards under Article 22(5) were complied with.

22 Jun 2016

The petitioner, Imtiyaz Hussain, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

3 Jul 2015

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

High Court

Bombay High Court Allows Compensation for Wrongful Preventive Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 — Detention Order Invalid for Lack of Subjective Satisfaction Regarding Public Order. The court held that the absence of subjective satisfaction in the detention order rendered it invalid, entitling the petitioner to compensation for the period of detention.

13 Oct 2014

The petitioner, Yuvraj Ramchandra Pawar, was detained under an order dated 2nd December 2013 passed by the District Magistrate, Satara, under Section ...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

16 Feb 2012

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

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