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Bombay High Court Quashes Externment Order in Bombay Police Act Case Due to Non-Application of Mind. Externment order under Section 56(1)(b) of Bombay Police Act, 1951 set aside as show-cause notice and order were based on stale and irrelevant incidents without considering the petitioner's explanation.

The petitioner, Praful Bhausaheb Yadav, a cable operator by profession, filed a writ petition challenging an externment order passed under Section 56(...

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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.

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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Bombay High Court Allows Revision Applications in Cheque Dishonour Cases Due to Non-Application of Mind by Trial Court. Presumption under Section 139 of Negotiable Instruments Act, 1881 is rebuttable and trial court must consider defence evidence before convicting.

The case involves three criminal revision applications filed by Rajat Jaiprakash Rastogi, Mrs. Gursimran M. Deol, and Lt. Col. B.T. Jade against M/s. ...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused Not Furnished.

The petitioner, brother-in-law of the detenu Abdulla Gulam Mustafa, challenged a detention order dated 27.11.2003 issued by the Principal Secretary (A...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Documents. Detenu's Statement Under Section 108 of Customs Act Not Considered, Violating Article 22(5) of Constitution.

The petitioner, son of the detenu Vashdev Gobindram Adnani, challenged the detention order dated 3-11-2004 passed by the Principal Secretary to the Go...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Conditions and In-Camera Statements Did Not Show Prejudicial Activity After Release.

The petitioner, wife of the detenu Chandrakant Prabhakar Todankar, challenged the detention order dated 19th August 2004 passed under the Maharashtra ...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...