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Search Results for "detention order quashed"

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High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Material Renders Detention Invalid. The court held that the detaining authority's failure to consider the detenue's bail status and the lack of independent material vitiated the subjective satisfaction under Section 3(2) of the MPDA Act, 1981.

17 Apr 2024

The petitioner, Abhimanyu Narasu Patil, a detenue, challenged an order of detention dated 12th October 2023 passed by the Commissioner of Police, Than...

High Court

High Court of Karnataka Quashes Preventive Detention Order in Habeas Corpus Petition — Failure to Consider Less Restrictive Alternatives Under Karnataka Prevention of Dangerous Activities Act, 1985. Detenu's History of Criminal Cases Does Not Justify Preventive Detention When Bail Was Granted in Most Cases and No Material Shows Inadequacy of Regular Law.

7 Dec 2023

The petitioner, Mohammad Shafiulla, father of the detenu Roshan Jameer @ Jameer @ Jammu, filed a habeas corpus petition under Article 226 of the Const...

High Court

Bombay High Court Quashes MPDA Detention Order Against Accused in Gambling Cases — Acts Constitute Law and Order, Not Public Order. Offences under Section 65(D) of Bombay Prohibition Act, 1949 for gambling do not affect public order, and delay in considering representation vitiates detention under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

6 Oct 2023

The petitioner, Jumma @ Munna Burhan Hiriwale, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Boo...

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 for Lack of Proper Verification of In-Camera Statements. Detention order under Section 3(2) of MPDA Act set aside as detaining authority failed to verify in-camera statements and did not consider that the alleged incident was a public agitation.

21 Apr 2023

The petitioner, Avinash @ Balu Atmaram More, challenged his detention order dated 07-06-2022 passed under Section 3(2) of the Maharashtra Prevention o...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Blanks in In-Camera Statements and Non-Application of Mind. The Court held that the detenu's right to make an effective representation under Article 22(5) was violated as the in-camera statements contained blanks and the grounds of detention contained details not found in those statements.

30 Aug 2021

The petitioner, Sanjay s/o Ramuji Phatode, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleg...

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 COFEPOSA Act for Non-Application of Mind and Non-Supply of Documents. Father of detenu successfully challenged preventive detention order passed under Section 3(1) of COFEPOSA Act, 1974 on grounds of non-application of mind by detaining authority and failure to supply vital documents.

4 Jan 2012

The petitioner, Shri Rashid Kapadia, father of the detenu Khalil Ahmed Rashid Ahmed Kapadia, filed a writ petition under Article 226 of the Constituti...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 10 Months Between Release on Bail and Detention Order Held to Snap Live Link, Vitiating Preventive Detention Under Section 3(1) of COFEPOSA, 1974.

3 Oct 2006

The petitioner, wife of the detenu Shyam Dharmadas Amlani, challenged the detention order dated 15th October 2005 passed by the State Government under...

High Court

Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

11 Jan 2005

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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