Search Results for "MPDA Act, 1981"

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Search Results for "MPDA Act, 1981"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive detention set aside as the Detaining Authority failed to consider that the petitioner was already in judicial custody and no credible material showed likelihood of release on bail.

4 Apr 2024

The petitioner, Daksh Juber Ghelani, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootle...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction. Preventive Detention Order Based on Single Criminal Case Set Aside as Detaining Authority Failed to Consider Possibility of Bail and Continued Dangerous Activities.

30 Aug 2023

The petitioner, Mohsin Anwar Khan @ Shaikh, challenged a detention order dated 24th February 2023 passed by the Commissioner of Police, Pune, under Se...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Violation of Section 3(2) Proviso — Initial Detention Cannot Exceed Six Months. The court held that the proviso to Section 3(2) of the MPDA Act mandates an initial detention period of only six months, and a 12-month initial order is illegal.

3 Apr 2023

The petitioner, Himanshu Roy, challenged a detention order passed by the Commissioner of Police, Nagpur, on 30 July 2022, confirmed by the State of Ma...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Improper Verification of In-Camera Statements. Failure to Record Subjective Satisfaction on Truthfulness of Secret Witnesses Renders Detention Invalid Under Section 3 of MPDA Act.

19 Mar 2021

The petitioner, Pravin Ganpat Kakad, challenged an order of detention dated 21.08.2020 passed by the Commissioner of Police, Nashik City under Section...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and In-camera Statements Not Verified. The court held that the detaining authority's failure to consider the detenu's bail status and to verify in-camera statements vitiated the subjective satisfaction under Section 3 of the MPDA Act.

17 Jan 2020

The petitioner, Pravin @ Bhayya Pratap Shinde, challenged a preventive detention order dated 06/09/2019 passed by the Commissioner of Police, Pune, un...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that mere criminal antecedents without evidence of public disturbance do not justify preventive detention under Section 3(1) of the MPDA Act.

20 Jun 2018

The petitioner, Nikki @ Kawa s/o Suresh Khare, challenged an order of detention passed by the Commissioner of Police, Nagpur City on 29 January 2018 u...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Failure to Consider Petitioner's Release on Bail in Criminal Case Rendered Detention Order Invalid.

14 Sep 2012

The petitioner, Nasir Ismail Mujavar, challenged a detention order dated 3 February 2012 passed by the Commissioner of Police, Mumbai, under the Mahar...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Preventive detention order set aside as detaining authority failed to consider that detenu was on bail and conditions ensured no prejudicial activity.

7 Oct 2006

The petitioner, Intezar Umar Daraj Khan, challenged an order of preventive detention dated 31st October 2005 passed by the Commissioner of Police, Mum...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Public Order Disturbance — Demand of Money from Individual Worker Does Not Affect Public Order. The court held that an incident of demanding money from a single person, without more, does not disturb public order and cannot justify preventive detention under Section 3 of the MPDA Act.

28 Jul 2006

The petitioner, Vinod Ramjiyawan Rajbhar, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offend...

High Court

Bombay High Court Allows Petition Challenging Continued Detention Under MPDA Act Due to Non-Consideration of Representation. Failure of Detaining Authority to Consider Detenu's Representation Before State Government Approval Violates Article 22(5) of the Constitution.

19 Jan 2005

The petitioner, Arif Amin Shaikh, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Dru...

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