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Search Results for "subjective test"

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High Court

High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay and Lack of Public Order Nexus. The court held that a 133-day delay between the last prejudicial act and the detention order, without explanation, severed the live link required under Section 3(1) of the MPDA Act, 1981, and the solitary offence did not establish a threat to public order under Section 2(b-1).

16 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a criminal writ petition challenging a preventive detention order under the Maharashtr...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenue. Failure to Provide Grounds in Hindi or Marathi Violates Article 22(5) of Constitution and Section 8 of MPDA Act, 1981.

13 Oct 2025

The petitioner, Vinod Tuljaram Bandichode, was detained under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA) by an order dated 10...

Supreme Court

Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

10 Mar 2025

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

High Court

Madras High Court Allows Habeas Corpus Petition in Goonda Detention Case Due to Unexplained Delay — Detention Order Quashed as Live and Proximate Link Snapped Under Tamil Nadu Act 14 of 1982. Unexplained delay of 68 days between arrest and detention order renders subjective satisfaction doubtful and detention invalid.

24 Jan 2025

The petitioner, Deepa, mother of the detenu Subash, filed a Habeas Corpus Petition under Article 226 of the Constitution of India challenging the dete...

High Court

Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind — Failure to Consider Grant of Bail and Inadequate Material to Establish 'Habitual' Bootlegger

28 Jul 2021

The petitioner, Kashinath Motiram Chavan, challenged a detention order dated 23 March 2021 passed by the Commissioner of Police, Solapur, under Sectio...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Insurance Dispute — Loss of Profit Claim Rejected Due to Flood Exclusion Clause. The court upheld the arbitrator's finding that 'inundation' was excluded under the Loss of Profit (Fire) Policy, and the claim was not maintainable.

11 Mar 2020

The petitioner, Agrocel Industries Pvt. Ltd., was engaged in the production of Marine Chemical Bromine and had availed a 'Loss of Profit (Fire) Policy...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Failure to Consider Retraction of Statement and Delay of Over 11 Months in Passing Order Vitiate Subjective Satisfaction Under Section 3(1)(i) of COFEPOSA Act, 1976.

5 May 2017

The petitioner, Gaurav Kanak Jain, challenged a detention order dated 21st November 2016 passed under Section 3(1)(i) of the Conservation of Foreign E...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Inadequate Verification of In-camera Statements. The court held that the detaining authority's subjective satisfaction was vitiated as it did not consider the detenu's bail status and the in-camera statements were not properly verified, violating Section 3(2) of the MPDA Act.

18 Jan 2017

The petitioner, Viki Baban Galte, challenged a preventive detention order passed on 26 April 2016 by the Commissioner of Police, Pune, under Section 3...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Criminal Cases Not Considered. The court held that failure to consider the detenu's bail status vitiates the subjective satisfaction required for preventive detention under Section 3(2) of the MPDA Act.

18 Jan 2017

The petitioner, Viki Baban Galte, challenged a preventive detention order dated 26 April 2016 passed by the Commissioner of Police, Pune, under Sectio...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Record Subjective Satisfaction and Provide In-camera Statements. The court held that the Externing Authority must independently apply its mind and record subjective satisfaction, and that in-camera statements must be recorded and supplied to the externee.

2 Dec 2013

The petitioner, Manik Ramchandra Gupta, challenged an externment order passed by the Sub-Divisional Magistrate, Thane, under Section 59 of the Bombay ...

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