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Search Results for "invalid detention order"

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High Court

Bombay High Court Quashes Preventive Detention Order Due to Non-Supply of Legible Documents — Detenu's Right to Effective Representation Under Article 22(5) Violated. Failure to Provide Legible Copies of In-Camera Statements and Grounds of Detention Renders Detention Order Invalid Under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981.

13 Jul 2026

The petitioner, Avhdut Narayn Shendge, filed a writ petition challenging an order of preventive detention passed by the District Magistrate, Solapur (...

High Court

Bombay High Court Quashes Preventive Detention Order in Maharashtra Prevention of Dangerous Activities Act Case — Detenu's Right to Make Representation Not Effectively Communicated. Failure to Inform Detenu of His Right to Make Representation to the Advisory Board and the State Government Renders Detention Order Invalid Under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981.

13 Jul 2026

The petitioner, Avhdut Narayn Shendge, challenged a preventive detention order passed by the District Magistrate, Solapur, under Section 3 of the Maha...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind to Bail Grant. Failure to Consider Petitioner's Release on Bail in Sessions Case No.79/2022 Rendered Detention Order Invalid.

24 Mar 2023

The petitioner, Vijay Baburao Avhad, challenged the detention order dated 19.05.2022 passed by the District Magistrate, Ahmednagar under Section 3(2) ...

High Court

High Court of Karnataka Quashes Preventive Detention Order Under PITNDPS Act for Non-Application of Mind and Lack of Proximate Link. Detention order set aside as the detaining authority failed to consider the petitioner's pending bail application and the order was passed mechanically without proper application of mind.

12 May 2020

The petitioner, Mr. Kenneth Jideofor, challenged a preventive detention order dated 23.01.2020 passed by the Joint Secretary to the Government of Indi...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay — Preventive Detention Invalidated as Live Link Between Grounds and Detention Purpose Broken

24 Feb 2020

The petitioner, mother of the detenu Zainul Abbas Shabbir Rajan, filed a writ petition under Article 226 of the Constitution of India challenging the ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Less Restrictive Measures. Preventive Detention Order Set Aside as Detaining Authority Did Not Consider Whether Bail Conditions Could Adequately Prevent Petitioner's Dangerous Activities.

19 Dec 2016

The petitioner, Deepak Suryawanshi, challenged a preventive detention order dated 11 July 2016 passed by the Commissioner of Police, Pune, under Secti...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Custody at Time of Order. The court held that the detaining authority must consider the likelihood of release on bail when the detenu is in custody; failure to do so renders the detention order invalid.

16 Apr 2016

The petitioner, Shahrukh Yunus Khan, challenged a preventive detention order passed by the Commissioner of Police, Pune City, on 23 December 2015 unde...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

6 Nov 2012

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language — Violation of Article 22(5) of Constitution and Section 8 of Maharashtra Prevention of Dangerous Activities Act, 1981. The court held that the detaining authority must ensure grounds are communicated in a language known to the detenu to enable effective representation, and failure to do so renders the detention order invalid.

28 Aug 2012

The petitioner, Firoz Hyder Shaikh @ Kalya Firoz, was detained under a preventive detention order dated 5th September 2011 passed by the Commissioner ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Unexplained Delay in Execution. Delay of 14 Months in Serving Detention Order Renders Subjective Satisfaction Stale and Detention Invalid Under Section 3(1) of COFEPOSA Act, 1974.

9 Aug 2010

The petitioner, father of the detenu, filed a writ of habeas corpus under Article 226 of the Constitution challenging a detention order dated 2/8/2008...

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