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Madras High Court Permits Mother to Take Custody of Minor Daughter Following Habeas Corpus Petition. Court Orders Custody Subject to Medical Examination and Recording of Statement Under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The case concerns a habeas corpus petition filed by K. Muthu Selvi, the mother of a 14-year-old girl named Manishiya, seeking the production and custo...

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Bombay High Court Quashes Detention Order in MCOCA Case Due to Non-Application of Mind by Detaining Authority. Failure to Consider Relevant Material and Mechanical Reproduction of Grounds Renders Preventive Detention Invalid.

The petitioner, father of the detenu Ashish @ Sonu Manmurad Pande, filed a writ petition challenging the detention order passed by the Commissioner of...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material.

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) o...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Furnishing of Vital Documents. Failure to provide injury certificates of all injured persons in a solitary incident vitiates subjective satisfaction of detaining authority.

The petitioner, Monty Bahadur Karotiya, challenged his detention order dated 02.02.2022 passed by the Commissioner of Police, Thane City under Section...

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Supreme Court Allows Appeal in National Security Act Detention Case Due to Procedural Irregularities. Detention Order Set Aside Following Precedent Where Delay in Considering Representation and Failure to Communicate Rejection Vitiated Order Under Section 8(1) of National Security Act, 1980.

The appeal originated from a judgment dated 24 August 2021 of the Division Bench at the Indore Bench of the High Court of Madhya Pradesh, which reject...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Main Offence Not Considered, Rendering Subjective Satisfaction Invalid.

The petitioner, father of the detenu, challenged the preventive detention order dated 13th November 2019 passed by the Commissioner of Police, Railway...

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Bombay High Court Quashes Detention Order Under PASA Act for Non-Application of Mind and Procedural Lapses. Detenu's Preventive Detention Set Aside as Subjective Satisfaction Was Not Properly Recorded and Grounds of Detention Were Not Communicated in Time.

The petitioner, Nitin Bhimabhai Patel, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA Act) by orders dated 14/03/...

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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.

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

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High Court of Karnataka Quashes FIR Against Company Official in Cheating Case Due to Illegal Arrest and Lack of Sanction Under Section 197 CrPC. Arrest by Police Officers Not on Deputation Held Unconstitutional.

The petitioner, Sri Srinath Mangalore, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code...