Search Results for "advisory jurisdiction"

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Search Results for "advisory jurisdiction"

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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 Dismisses Union of India's Appeal Against Stay on Jute Packaging Notifications for Sugar. Court upholds interim order staying notifications mandating 100% jute packaging for sugar, finding prima facie violation of Article 14 and lack of proper consultation under Jute Packaging Materials Act, 1987.

26 Sep 2024

The Union of India, through the Ministry of Textiles and the Jute Commissioner, filed a writ appeal against an interim order passed by a learned Singl...

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 Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

18 Jan 2018

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

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 Quashes Detention Order Under MPDA Act for Non-Communication of Right to Produce Witnesses Before Advisory Board — Violation of Article 22(5) of Constitution of India. Father of Detenu Challenges Detention Order on Ground That Detenu Was Not Informed of Right to Produce and Examine Witnesses Before Advisory Board, Rendering Detention Invalid.

13 Jul 2006

The petitioner, Haripal Hiralal Lahot, father of the detenu Sandeep Haripal Lahot, filed a criminal writ petition challenging the detention order date...

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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