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Bombay High Court Dismisses Habeas Corpus Petition and Quashes FIR in Matrimonial Dispute. Court holds that a married woman living with her parents voluntarily cannot be the subject of habeas corpus, and that the husband's FIR for kidnapping and impersonation was an abuse of process.

The judgment involves two connected writ petitions. The first petition (Criminal Writ Petition No.2757 of 2004) was filed by Iftekar Usman Shaikh unde...

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Bombay High Court Quashes Detention Order in MPDA Case Due to Lack of Subjective Satisfaction and Unexplained Delay. Preventive detention order set aside as detaining authority failed to establish live-link between alleged activities and public order disturbance.

The petitioner challenged a detention order passed under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act) and its subsequent ap...

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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

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

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Bombay High Court Quashes Preventive Detention Order Due to Inordinate Delay in Deciding Representation. Delay of 27 Days in Deciding Representation Violates Article 22(5) of Constitution of India, Rendering Detention Order Invalid.

The petitioner, Vijay Subhash Kore, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, D...

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High Court of Karnataka partly allowed Criminal Petition Challenging Arrest and Remand of Foreign Nationals in NDPS Case - Illegality in not providing grounds of arrest in the language known to the petitioners

The High Court of Karnataka at Bengaluru heard a criminal petition filed by two Nigerian citizens challenging their arrest and remand in a narcotics c...