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Search Results for "MPDA Act"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Reproduction of Grounds. Detenu's Right to Make Effective Representation Violated as Relevant Documents Not Supplied.

20 Mar 2024

The petitioner, Jitendra @ Tiger Umaji Pawar, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Boot...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Placement of Bail Documents. Failure to place bail applications and orders before the Detaining Authority vitiates subjective satisfaction under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders, Dangerous Persons and Video Pirates Act, 1981.

25 Jul 2022

The petitioner, Ramesh Dandekar, filed a criminal writ petition before the Bombay High Court at Nagpur challenging the detention order dated 01.12.202...

High Court

Bombay High Court Allows Petition in MPDA Act Preventive Detention Case Due to Non-Arrest in Core Crimes. Non-arrest in predicate offences renders preventive detention unjustified as ordinary law control measures were adequate.

28 Jun 2022

The petitioner, Hanif Karim Laluwale, challenged a preventive detention order passed under the Maharashtra Prevention of Dangerous Activities of Sluml...

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 Allows Habeas Corpus Petition Challenging Detention Under MPDA Act Due to Non-Supply of Verification Statements of In-Camera Witnesses. Failure to Furnish Copies of Verification Statements Violates Article 22(5) of Constitution and Section 8(b) of MPDA Act, Rendering Detention Invalid.

17 Apr 2015

The petitioner, Rohidas @ Pintya Laxman Gupte, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Boo...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Inordinate Delay in Considering Representation — Right to Make Effective Representation Violated Under Article 22(5) of Constitution. The court held that the failure to consider the detenu's representation expeditiously renders the continued detention illegal, emphasizing the constitutional safeguard under Article 22(5) of the Constitution of India.

30 Jul 2014

The petitioner, Ashish Robert Felix, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Lack of Compelling Necessity for Preventive Detention. The court held that the detaining authority must consider the detenu's bail status and demonstrate a compelling necessity for preventive detention over ordinary law.

30 Jun 2011

The petitioner, wife of the detenu Firoz Khan alias Aabu, challenged a detention order dated 31.12.2010 passed by the Commissioner of Police, Nagpur, ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Judicial Custody Without Bail Application. Preventive detention held unjustified when there was no imminent possibility of release on bail, as the detenu had not applied for bail and was in judicial custody.

21 Jul 2010

The petitioner, father of the detenu Pritesh Dinesh Doshi, challenged the detention order dated 11/8/2009 passed under Section 3(2) of the Maharashtra...

High Court

Bombay High Court Quashes MPDA Detention Orders for Non-Application of Mind — Failure to Consider Less Restrictive Alternatives Renders Detention Invalid. Preventive detention under Section 3(1) of MPDA Act set aside as detaining authority did not consider cancellation of bail or externment, and representation was delayed.

14 Feb 2005

The Bombay High Court disposed of two criminal writ petitions challenging detention orders under the Maharashtra Prevention of Dangerous Activities of...

High Court

Bombay High Court Allows Detenus' Writ Petitions Challenging Preventive Detention Under MCOCA — Failure to Supply Relevant Documents and Consider Representation Renders Detention Illegal. The court held that the detaining authority's failure to furnish copies of documents relied upon and to consider the detenu's representation violates Article 22(5) of the Constitution and vitiates the detention order under the Maharashtra Control of Organised Crime Act, 1999.

30 Nov -0001

The judgment concerns two criminal writ petitions filed by detenus Raghunath Govind Bhoir and Vishnu Maya Bhoir, challenging their preventive detentio...

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