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Search Results for "MPDA Act"

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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 Non-Application of Mind — Threatening Application Not Considered as Ground for Detention. The detaining authority's contradictory statement regarding an application threatening public officials indicated non-application of mind, vitiating the subjective satisfaction under Section 3(2) of the MPDA Act.

22 Dec 2020

The petitioner, Laxman @ Kaka Yallappa Jadhav, challenged an order of detention dated 27/8/2020 passed by the Commissioner of Police, Solapur under Se...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Non-Consideration of Representation. Preventive Detention Invalidated as Detaining Authority Failed to Properly Consider Detenu's Representation and Apply Mind to Material.

9 Mar 2020

The petitioner, Jaggu Sardar @ Jagdish Tirathsing Labana @ Punjabi, challenged his detention order dated 14 October 2019 passed by the Commissioner of...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Public Order Impact — Bootlegger's Activities Not Shown to Be Prejudicial to Public Order. The court held that the detaining authority failed to produce cogent material to show that the detenu's activities were prejudicial to the maintenance of public order, as distinct from law and order, under Section 3(1) of the MPDA Act.

18 Oct 2019

The petitioner, Dattatray Baswant Jagtap, challenged his preventive detention order dated 11th April 2019 passed under Section 3(1) of the Maharashtra...

High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

29 Jan 2018

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Insufficient Time Between Endorsement of In-Camera Statements and Issuance of Detention Order. The court held that the Detaining Authority did not have sufficient time to apply its mind properly, vitiating the detention order under Section 2(a)(iv-a) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

10 Oct 2016

The petitioner, a friend of the detenu Nilesh Dnyaneshwar Desale, challenged the detention order dated 16.3.2016 passed by the District Magistrate, Ja...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

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 Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Grounds Renders Preventive Detention Invalid. The court held that the detaining authority must consider the possibility of the detenu being released on bail and the impact of existing bail orders when passing a preventive detention order under Section 3(1) of the MPDA Act.

23 Mar 2006

The petitioner, Mhaisarali Ramzanali Khan, challenged an order of detention dated 21 April 2005 passed by the Commissioner of Police, Thane, under Sec...

High Court

Bombay High Court Considers Writ Petition Against Preventive Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981. Challenge Centers on Whether Non-Literal Translation of Right to Representation in Marathi Vitiates Detention Under Article 22(5) of Constitution.

11 Mar 2005

The matter arose from a criminal writ petition filed by the detenu under Article 226 of the Constitution of India challenging the order of preventive ...

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