Search Results for "MPDA Act"

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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 Preventive Detention Orders for Violation of Right to Make Effective Representation Under Article 22(5) of Constitution. Non-supply of Bail Application and Bail Order in Connected Crime Renders Detention Invalid Despite Section 5A of MPDA Act.

The petitioner, Sayed Jafar Sayed Nasir, challenged two detention orders dated 20th February 2018 and 12th March 2018 passed by the Commissioner of Po...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Supply of Vital Documents. Failure to furnish statements of witnesses, bail applications, and other material relied upon by detaining authority violates Article 22(5) of Constitution.

The petitioner, Amin Mehboob Shaikh, challenged a detention order dated 27 July 2011 issued by the District Magistrate, Pune under Section 3(1) of the...

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Bombay High Court Quashes Detention Order Under MPDA Act for Detenu in Judicial Custody — Failure to Show Imminent Possibility of Bail Renders Order Invalid. Preventive detention cannot be sustained when detenu is already in custody and no cogent material exists to indicate likely release on bail.

The petitioner, father of the detenu Jaidev @ Rajubhai @ J.D. Ramji Mishra, filed a habeas corpus petition under Article 226 of the Constitution chall...

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Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Detenu's Judicial Custody and Lack of Bail Possibility. Preventive Detention Order Invalidated as Subjective Satisfaction Vitiated Due to Non-Application of Mind to Custody Status Under Section 3(2) of MPDA Act.

The petitioner, Shahid Hussain Iqbal Shaikh @ Kanya Babu, challenged an order of detention dated 6-9-2004 passed by the Commissioner of Police, Brihan...