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Search Results for "invalid detention order"

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High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Material Renders Detention Invalid. The court held that the detaining authority's failure to consider the detenue's bail status and the lack of independent material vitiated the subjective satisfaction under Section 3(2) of the MPDA Act, 1981.

17 Apr 2024

The petitioner, Abhimanyu Narasu Patil, a detenue, challenged an order of detention dated 12th October 2023 passed by the Commissioner of Police, Than...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in GST Detention Case — Confiscation Notice Under Section 130 Without Prior Adjudication Under Section 129 Held Invalid. The court held that proceedings under Section 130 of the CGST Act, 2017 cannot be initiated without first completing the adjudication process under Section 129 of the Act.

25 Sep 2023

The Revenue (Union of India and others) filed an intra-court appeal against the order of a learned Single Judge in W.P.No.100849/2022 dated 16.08.2022...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detention order set aside as detaining authority failed to consider that the petitioner was already in custody and no credible material showed likelihood of release on bail.

10 Jul 2023

The petitioner, Mukesh Prakash Bhalerao, challenged an order of preventive detention dated 23rd January 2023 passed by the District Magistrate, Jalgao...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proper Verification of In-Camera Statements. Detention order under Section 3(2) of MPDA Act set aside as detaining authority failed to verify in-camera statements and did not consider that the alleged incident was a public agitation.

21 Apr 2023

The petitioner, Avinash @ Balu Atmaram More, challenged his detention order dated 07-06-2022 passed under Section 3(2) of the Maharashtra Prevention o...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Specification of Period — Blanket Order Invalid Under Section 3(2) Proviso. The court held that the proviso to Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 mandates specification of detention period in the order, and a blanket order without such specification is invalid.

23 Feb 2021

The petitioner, Sadashiv s/o Shriram Jadhav, challenged the legality and correctness of a detention order dated 18.9.2020 passed by the Collector and ...

High Court

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.

26 Nov 2019

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

High Court

Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind. Preventive Detention Invalid as Detaining Authority Failed to Consider Detenu's Bail Status in Pending Criminal Cases.

3 May 2018

The petitioner, Kiran Dhanraj Kharat, challenged a detention order dated 13 December 2017 issued by the Commissioner of Police, Pune, under the Mahara...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation by State Government. The court held that the detaining authority failed to consider the possibility of bail and the State Government mechanically confirmed the detention, rendering the orders unsustainable.

4 Dec 2017

The petitioner, Mohammed Mustafa, challenged the preventive detention order passed by the Commissioner of Police, Aurangabad under Section 3(1) of the...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 10 Months Between Release on Bail and Detention Order Held to Snap Live Link, Vitiating Preventive Detention Under Section 3(1) of COFEPOSA, 1974.

3 Oct 2006

The petitioner, wife of the detenu Shyam Dharmadas Amlani, challenged the detention order dated 15th October 2005 passed by the State Government under...

High Court

Bombay High Court Quashes Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 Due to Non-Application of Mind and Stale Grounds. Delay of Three Months in Passing Order Without Explanation Renders Detention Invalid.

20 Sep 2005

The petitioner, Santosh @ Dankya Subhash Gaikwad, challenged an order of detention passed against him on 17.11.2004 by the Commissioner of Police, Pun...

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