Search Results for "Subjective satisfaction"

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Reconsideration of Previously Adjudicated Offences and Failure to Distinguish Public Order from Law and Order Invalidates Preventive Detention.

The petitioner, Rajesh @ Dadu Eknath Nikumbh (Dhobi), challenged a preventive detention order dated 14.03.2024 passed by the District Magistrate, Jalg...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Bombay High Court Quashes Preventive Detention Order for Being Based on Irrelevant and Inadequate Material. Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 Set Aside as Subjective Satisfaction Vitiated by Consideration of Irrelevant Material.

The petitioner, Amir Khan Nasib Khan Pathan, aged 22, was preventively detained by an order dated 25 June 2018 passed by the District Magistrate, Ward...

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Bombay High Court Quashes Externment Order for Lack of Live Link Between Criminal Activities and Apprehension of Future Harm. The court held that failure to reply to show cause notice does not automatically justify externment under Section 56(1)(b) of Maharashtra Police Act, 1951.

The petitioner, Umesh Ashok Pawar, challenged an externment order dated 27 March 2018 passed by the Deputy Commissioner of Police, Zone-I, Amravati, u...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Defective Translation of Grounds of Detention. Error in Translating CR Number in Marathi Version Violates Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, Sunil Bharat Govari, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Placement of Vital Documents. Non-placement of detailed retraction application and bail application before Detaining Authority vitiates subjective satisfaction under Section 3(1) of COFEPOSA Act.

The petitioner challenged the detention order passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Mechanical Exercise of Power. Detenu's Right to Make Representation Under Article 22(5) of Constitution Was Frustrated by Delayed Consideration and Failure to Supply Relevant Documents.

The petitioner, a friend of the detenu Mavin Keezhil Mohamed Aslam, filed a writ of habeas corpus under Article 226 of the Constitution challenging th...

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Bombay High Court Quashes Preventive Detention Order for Non-Supply of Translated Documents in Known Language. Failure to Provide Marathi Translation of English Injury Certificate Violates Detenu's Right to Effective Representation Under Article 22(5) of Constitution.

The petitioner, Yogesh Nandu Pujari, challenged a preventive detention order dated 25 January 2012 passed by the Commissioner of Police, Thane, under ...