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Search Results for "Assistant Commissioner's Order"

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High Court

High Court of Karnataka Quashes Assistant Commissioner's Order in SC/ST Act Case for Violation of Natural Justice and Lack of Jurisdiction. Order passed without notice to petitioners and without proper inquiry under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

15 Mar 2021

The case involves a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India challenging an order dated 18.02.2020 passed...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Stale Grounds. Single FIR and Bail Not Sufficient to Treat Detenu as Dangerous Person Affecting Public Order.

4 Dec 2021

The petitioner, Vishal Aananda Mahabal, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootlegger...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Insufficient Time Between Endorsement of In-Camera Statements and Issuance of Detention Order. The court held that the Detaining Authority did not have sufficient time to apply its mind properly, vitiating the detention order under Section 2(a)(iv-a) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

10 Oct 2016

The petitioner, a friend of the detenu Nilesh Dnyaneshwar Desale, challenged the detention order dated 16.3.2016 passed by the District Magistrate, Ja...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

3 Mar 2016

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

High Court

Bombay High Court Quashes Suspension and Departmental Inquiry Against Municipal Employee for Lack of Jurisdiction. Suspension Order Passed by Municipal Commissioner Instead of General Body Held Invalid Under Section 57 of Maharashtra Municipal Corporations Act, 1949.

6 Apr 2021

The petitioner, Mr. Sanjay G. Gharat, an employee of the Kalyan Dombivali Municipal Corporation (KDMC), challenged the suspension order dated 18th Jun...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

14 Mar 2018

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation. Detenu's Preventive Detention Set Aside as Authorities Failed to Consider Relevant Material and Confirmatory Order Was Passed Without Independent Application of Mind.

8 Feb 2023

The petitioner, Ashokrao Uttamrao Pawar, father of the detenu Umesh @ Bunty s/o Ashok Pawar, filed a Criminal Writ Petition challenging the detention ...

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 COFEPOSA Detention Order Against Accused Due to Unexplained Delay in Deciding Representation and Communicating Rejection. Unexplained Delay of 27 Days in Deciding Representation and 13 Days in Serving Rejection Order Violated Article 22(5) of Constitution, Vitiating Preventive Detention.

15 Feb 2006

The petitioner, who was the detenu, filed a criminal writ petition under Article 226 of the Constitution before the High Court of Bombay seeking a wri...

High Court

Bombay High Court Upholds Suspension Orders of Municipal Officers Under Section 56(1)(b) of BPMC Act for Disciplinary Enquiry. The court overruled a previous Division Bench decision that had restricted the provision to criminal proceedings, holding that suspension pending enquiry into charges is valid.

22 Dec 2011

The case involved a writ petition filed by five officers of the Navi Mumbai Municipal Corporation challenging their suspension orders. The petitioners...

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