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Search Results for "Advisory Board opinion"

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Supreme Court

Supreme Court Dismisses Petitions Challenging Preventive Detention Orders Under COFEPOSA Act Due to Procedural Compliance and Established Live-Link. Detention Orders Upheld as Detaining Authority Recorded Subjective Satisfaction Based on Materials Showing Involvement in Smuggling Syndicate and Future Propensity to Commit Offences Under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

16 Apr 2026

The Supreme Court heard two connected special leave petitions challenging preventive detention orders issued under the Conservation of Foreign Exchang...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Proximity. Preventive detention order set aside as the detaining authority failed to consider the petitioner's bail application and did not establish a nexus between the alleged prejudicial activities and disturbance of public order.

12 Sep 2025

The petitioner, Feroz Khaja Mohammad Shaikh, challenged an order of detention dated 3rd February 2025 passed by the Commissioner of Police, Nashik Cit...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenue — Violation of Article 22(5) of Constitution of India and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that the detaining authority must ensure the detenue understands the grounds of detention to make an effective representation; failure to do so renders the detention illegal.

31 Aug 2023

The petitioner, Smt. Shrenika, wife of the detenue Sri. Huchappa @ Dhanaraj Kalebag, filed a writ petition under Articles 226 and 227 of the Constitut...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Mechanical Exercise of Power and Non-Application of Mind. Detention order bearing year 2021 passed in 2022 and failure to consider bail conditions vitiates subjective satisfaction under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981.

3 May 2023

The petitioner, Mujib s/o Abdul Shaikh, challenged an order of preventive detention passed by the District Magistrate, Aurangabad, under Section 3(2) ...

Supreme Court

Supreme Court Allows State's Appeal Against High Court Direction to Amend Pension Regulations for Statutory Board Employees. High Court Exceeded Jurisdiction by Directing Amendment of Regulation 52 of Orissa Khadi and Village Industries Board Regulations, 1960 When Regulation Explicitly Denied Pension Entitlement and Was Not Challenged as Invalid.

17 Mar 2023

The appeal arose from a dispute concerning pensionary benefits for employees of the Orissa Khadi and Village Industries Board. The State of Orissa cha...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Specification of Period — Blanket Order Invalid Under Section 3(2) Proviso. The court held that the proviso to Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 mandates specification of detention period in the order, and a blanket order without such specification is invalid.

23 Feb 2021

The petitioner, Sadashiv s/o Shriram Jadhav, challenged the legality and correctness of a detention order dated 18.9.2020 passed by the Collector and ...

High Court

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.

23 Nov 2017

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

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay in Deciding Representation — Right to Make Representation Under Article 22(5) of Constitution Violated. The court held that a delay of 21 days in deciding the detenu's representation without satisfactory explanation renders the detention illegal.

17 Feb 2015

The petitioner, mother of the detenu, challenged the preventive detention order passed under Section 3 of the Maharashtra Prevention of Dangerous Acti...

High Court

Bombay High Court Allows Petition Challenging Detention Under COFEPOSA Due to Non-Communication of Co-detenu's Revocation to Advisory Board. Failure to Forward Revocation Order and Representation to Advisory Board Before Considering Detenu's Case Vitiated Detention Order.

10 Feb 2005

The petitioner, Ramesh Singh, a friend of the detenu, challenged the detention order dated 3rd October 2003 issued under Section 3(1) of the Conservat...

Supreme Court

Supreme Court Considers Obligation of State Government to Consider Detenu's Representation Before Advisory Board in Preventive Detention Cases. Question of Whether Article 22(5) Mandates Separate Consideration by Government Before Referral to Advisory Board Under Preventive Detention Act, 1950.

31 Jan 1969

The case involved writ petitions under Article 32 of the Constitution filed by Abdul Karim and Others against the State of West Bengal challenging the...

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