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Search Results for "detention order challenge"

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High Court

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

22 Sep 2025

The petitioner, Rupesh Laxman Gaikwad, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay in Considering Representation. Preventive Detention Order Set Aside as Representation Remained Unattended for Over Three Months, Violating Constitutional Safeguard Under Article 22(5).

6 Jun 2022

The petitioner, Premchand @ Babu Punjabi @ Tatu Manohar Dhakani, was detained under Section 3 of the Maharashtra Prevention of Dangerous Activities of...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Improper Verification of In-Camera Statements. Failure to Record Subjective Satisfaction on Truthfulness of Secret Witnesses Renders Detention Invalid Under Section 3 of MPDA Act.

19 Mar 2021

The petitioner, Pravin Ganpat Kakad, challenged an order of detention dated 21.08.2020 passed by the Commissioner of Police, Nashik City under Section...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive detention order set aside as detaining authority mechanically recited grounds without considering detenu's custody status.

27 Nov 2020

The petitioner, Rohit Sidram Khatal, challenged an order of detention dated 17/3/2020 passed by the Commissioner of Police, Solapur under Section 3 of...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Cogent Material and Illegible Documents. Preventive Detention Order Set Aside as Detaining Authority Failed to Show Imminent Possibility of Bail and Supplied Illegible Documents, Violating Right to Effective Representation Under Article 22(5).

9 Jan 2020

The petitioner, Vishal Popat Sangle, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of 'Public Order' Impact — Definition of 'Dangerous Weapon' Held Unconstitutionally Vague. The court held that mere possession of a weapon without evidence of public disturbance cannot justify preventive detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

11 Oct 2017

The petitioner, Iqbal Munnaf Sayyed, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA) by an orde...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Verification of In-Camera Statements. The court held that the detaining authority must consider bail conditions and verify in-camera statements under Section 3(4) of the MPDA Act, 1981.

26 Apr 2016

The petitioner, Lalya @ Kishor Arun Waghmare, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Of...

High Court

Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

28 Jan 2016

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Grounds in Tamil Language — Right to Make Effective Representation Violated Under Article 22(5) of Constitution of India. The court held that failure to provide grounds of detention in a language understood by the illiterate Tamil-speaking detenu infringed his constitutional right to make an effective representation, rendering the detention illegal.

19 Oct 2006

The petitioner, Anna Durai @ Dilli Ganpati Devendra, an illiterate Tamil-speaking person residing in Mumbai, was detained under Section 3(2) of the Ma...

High Court

Bombay High Court Dismisses Habeas Corpus Petition Challenging Legislative Assembly's Power to Punish for Breach of Privilege. The court upheld the detention of a petitioner by the Maharashtra Legislative Assembly for breach of privilege, holding that the power of the House to punish for contempt is a constitutional privilege and the court's jurisdiction is limited to examining procedural compliance and fundamental rights.

22 Sep 2006

The petitioner, Manjit Singh Sethi, President of Fight for Right Bar Owners' Association, Mumbai, attended a meeting organized by the Dance Bar Girls'...

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