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Search Results for "invalid detention order"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Consideration of Bail Conditions and In-Camera Statements Not Affecting Public Order. The court held that failure to consider bail conditions and lack of public order disturbance in in-camera statements renders the detention order invalid under Section 3(2) of the MPDA Act.

4 Sep 2025

The petitioner, Paras Rajendra Apte, challenged his detention order dated 09.04.2025 passed by the District Magistrate, Yavatmal under Section 3(2) of...

High Court

Madras High Court Allows Habeas Corpus Petition in Goonda Detention Case Due to Inordinate Delay — Snapping of Live and Proximate Link Under Tamil Nadu Act 14 of 1982. Delay of 54 Days Between Arrest and Detention Order Without Explanation Renders Detention Invalid.

21 Jan 2025

The petitioner, Surya, brother of the detenu Karthick, filed a habeas corpus petition under Article 226 of the Constitution of India before the Madras...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Supply of Documents and Non-Application of Mind. Detenu's Right to Make Representation Under Article 22(5) Violated as Detaining Authority Failed to Supply Bail Order and Witness Statements, Rendering Detention Under Section 3(2) of Gujarat Prevention of Anti-Social Activities Act, 1985 Invalid.

4 Apr 2024

The petitioner, Divyaniben Ajaykumar Patel, wife of the detenu Ajay Bhula Patel @ Ajay Ghodo, filed a writ petition under Article 226 of the Constitut...

High Court

Bombay High Court Dismisses Petition Challenging Preventive Detention Under MPDA Act — Bail Orders Considered, Nexus with Public Order Established. The court held that the Detaining Authority's reference to bail orders and statement of having gone through them indicates due consideration, and the grant of bail does not bar preventive detention if the authority is satisfied that the detainee's activities are prejudicial to public order.

22 Dec 2022

The petitioner, Rahul Tambe, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, D...

High Court

Bombay High Court Allows Habeas Corpus Petition, Quashes MPDA Detention Order Due to Unexplained Delay. The court held that the live link between the detenu's alleged prejudicial activity and the preventive detention order was broken due to an unexplained delay of four months from the date of arrest and three months from the grant of bail.

15 Jun 2022

The petitioner, Shivkumar Madeshwaran Devendra, brother-in-law of the detenu Manoj Tangraj Devendra, filed a criminal writ petition before the Bombay ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay of 5 Months. Failure to Comply with Section 3(3) Requirement of Forthwith Approval and Delay in Considering Representation Renders Detention Invalid.

15 Jun 2022

The petitioner, Sachin Parshuram Mane, challenged an order of detention dated 30.06.2021 passed by the Commissioner of Police, Pune City under Section...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail Not Considered. Failure to consider pending bail applications and absence of credible material linking detenu to public order disturbance renders detention order invalid under Section 3 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981.

11 Dec 2019

The petitioner, Govindsing Papulsing Tak, challenged a preventive detention order dated 22 February 2019 passed by the Commissioner of Police, Pune Ci...

High Court

Bombay High Court Quashes Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 for Non-Application of Mind to Bail Conditions. Detaining Authority Failed to Consider That Petitioner Was on Bail and Could Be Prosecuted Under Regular Law, Rendering Subjective Satisfaction Invalid.

1 Dec 2011

The petitioner, Santosh Tukaram Chavan, was detained under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

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...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered by the detaining authority, and the detention order disclosed total non-application of mind.

12 Jan 2005

The petitioner, Sanpreet Kaur Tejpal Singh, wife of the detenu Tejpal Mann Singh, challenged the detention order dated 6-2-2004 passed by respondent N...

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