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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 — Failure to Consider Bail Conditions and Lack of Compelling Material to Show Public Order Threat. The court held that the detaining authority must consider the effect of bail conditions and that the alleged acts must affect public order, not merely law and order.

28 Jun 2023

The petitioner, Mr. Kartik Aannadurai Devendar, challenged a preventive detention order dated 22nd August 2022 passed by the Commissioner of Police, M...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's custody and bail status, vitiating the preventive detention order.

20 Feb 2023

The petitioner, wife of the detenu Firoz @ Babali Makbul Khan, challenged the detention order dated 6th September 2022 passed by the Commissioner of P...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Furnishing of Vital Documents. Failure to provide injury certificates of all injured persons in a solitary incident vitiates subjective satisfaction of detaining authority.

15 Nov 2022

The petitioner, Monty Bahadur Karotiya, challenged his detention order dated 02.02.2022 passed by the Commissioner of Police, Thane City under Section...

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 Detention Order Under MPDA Act Due to Non-Consideration of Representation. Failure to Consider Detenu's Representation Before Confirmation Violates Article 22(5) of the Constitution.

15 Dec 2020

The petitioner, Wasim @ Mukri A.Salar, 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 Due to Non-Application of Mind and Unexplained Delay. Preventive detention order set aside as detaining authority passed order within two days of receiving 287-page material, indicating lack of proper application of mind, and there was unexplained delay of 10 months from the first offence.

27 Feb 2020

The petitioner, Salauddin Imamuddin Ansari, father of the detenu Javed @ Sajan Salauddin Ansari, filed a criminal writ petition before the Bombay High...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Less Restrictive Measures. Preventive Detention Order Set Aside as Detaining Authority Did Not Consider Whether Bail Conditions Could Adequately Prevent Petitioner's Dangerous Activities.

19 Dec 2016

The petitioner, Deepak Suryawanshi, challenged a preventive detention order dated 11 July 2016 passed by the Commissioner of Police, Pune, under Secti...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Orders.

8 May 2015

The petitioner, Shailesh Dnyaneshwar Kedar, challenged a detention order dated 23 November 2014 passed by the Commissioner of Police, Nagpur, under Se...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu in Judicial Custody Without Bail Application. Failure to Disclose Compelling Reasons for Detention Despite Awareness of Custody Renders Order Invalid Under Section 3(1) of MPDA Act, 1981.

27 Oct 2014

The petitioner, Pravin @ Purshottam Shrinivas Mahajan, challenged an order of preventive detention dated 29 April 2014 passed by the Commissioner of P...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Failure to Explain Gap Between Prejudicial Activities and Detention Order Breaks Live Link and Vitiates Subjective Satisfaction. Preventive Detention Order Under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 Set Aside as Detaining Authority Did Not Explain Delay of Over Three Months.

17 Apr 2006

The petitioner, Rajesh Vasant Jadhav, challenged an order of detention dated 30th June 2005 passed by the Commissioner of Police, Greater Bombay, unde...

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