Search Results for "BNS 2023"

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Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind — Failure to Consider Petitioner's Acquittal in Predicate Offence Renders Subjective Satisfaction Invalid.

The petitioner, Suraj @ Nagesh Shivaji Mahanoor, filed a writ petition before the Bombay High Court (Circuit Bench at Kolhapur) seeking to quash and s...

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Supreme Court Sets Aside High Court's Interim Order Restraining Filing of Charge-Sheet in Property Dispute Case. The Court held that the High Court cannot restrain filing of charge-sheet under Section 193(3) BNSS while a quashment petition is pending, as it affects the statutory right of investigation.

The Supreme Court set aside an interim order of the Allahabad High Court that restrained the investigating officer from filing the charge-sheet in a c...

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Bombay High Court Quashes MPDA Detention Order Against Sand Smuggler Due to Non-Application of Mind. Preventive detention set aside as detaining authority failed to consider custody and lack of public order impact.

The petitioner, Shubham Balasaheb Kardule, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 528 of the ...

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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Right to Representation and Mechanical Confirmation. Detenu's Right to Make Representation Under Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985 Was Not Communicated, Rendering Detention Illegal.

The writ petition was filed by Smt. Prathiba Talapati, wife of the detenu Sri. Dawood Nadaf, challenging the preventive detention order dated 03.06.20...