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Search Results for "such detention interpretation"

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High Court

Bombay High Court Dismisses Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA Act — Use of Disjunctive 'or' in Detention Order Does Not Indicate Non-Application of Mind. The court held that the detaining authority's satisfaction was based on the cumulative effect of the detenu's activities, and the mere reproduction of statutory language does not render the order invalid.

2 Jul 2024

The Bombay High Court dismissed a habeas corpus petition challenging the preventive detention of Rakesh Ramdas Jejurkar under the Conservation of Fore...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Mechanical Exercise of Power and Non-Application of Mind. Detention order bearing year 2021 passed in 2022 and failure to consider bail conditions vitiates subjective satisfaction under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981.

3 May 2023

The petitioner, Mujib s/o Abdul Shaikh, challenged an order of preventive detention passed by the District Magistrate, Aurangabad, under Section 3(2) ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Violation of Section 3(2) Proviso — Initial Detention Cannot Exceed Six Months. The court held that the proviso to Section 3(2) of the MPDA Act mandates an initial detention period of only six months, and a 12-month initial order is illegal.

3 Apr 2023

The petitioner, Himanshu Roy, challenged a detention order passed by the Commissioner of Police, Nagpur, on 30 July 2022, confirmed by the State of Ma...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind and Lack of Compelling Necessity. Preventive detention order under Section 3(1) of MPDA Act set aside as detaining authority failed to consider that detenu was in judicial custody and did not independently verify in-camera statements.

3 Apr 2023

The petitioner, Sandeep Govind Pawar, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers,...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Public Order Impact — Single Offence and In-Camera Statements Insufficient to Justify Preventive Detention

20 Jan 2023

The petitioner, Ram @ Pappu Arun Kore, challenged a detention order dated 27th April 2022 issued by the Commissioner of Police, Solapur, under the Mah...

Supreme Court

Supreme Court Partially Allows State's Appeal Against Quashing of Detention Order. High Court's Interpretation of Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 Regarding Detention Period is Erroneous.

13 Nov 2019

The Supreme Court heard an appeal by the State of Maharashtra against the High Court's order quashing a preventive detention order under the Maharasht...

Supreme Court

Supreme Court Dismisses Union of India's Challenge to Advisory Board Opinion in COFEPOSA Detention Case — Advisory Board's Opinion of No Sufficient Cause for Detention is Non-Justiciable and Not Subject to Challenge Under Article 136

21 Aug 2019

The case involves a challenge by the Union of India against the opinion of the Advisory Board constituted under the Conservation of Foreign Exchange a...

High Court

High Court of Karnataka Quashes Detention Order in Karnataka Prevention of Dangerous Activities Act Case — Failure to Consider Less Restrictive Measures. Detenu's brother successfully challenged preventive detention as the detaining authority did not consider the possibility of resorting to less drastic remedies under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985.

26 Sep 2018

The petitioner, Suresh B. Shetty, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging the preventive de...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

3 Mar 2016

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

Supreme Court

Supreme Court Upholds Preventive Detention Order Beyond Three Months Under Preventive Detention Act, 1950. Interpretation of 'Such Detention' in Article 22(4)(a) of the Constitution Confirmed to Refer to Preventive Detention, Not Period of Detention.

24 May 1957

The case involved a constitutional challenge to an order of preventive detention under the Preventive Detention Act, 1950, as amended. The appellant, ...

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