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Bombay High Court Quashes Detention Order Under M.P.D.A. Act for Lack of Subjective Satisfaction Regarding Imminent Possibility of Release on Bail. Detaining Authority Failed to Disclose Cogent Material or Satisfaction That Detenu in Custody Would Be Released on Bail.

The petitioner, Nitin Baban Pawar, challenged an order of detention dated 19th May 2022 issued by the Commissioner of Police, Thane, under the Maharas...

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High Court Quashes Detention Order Under MPDA Act for Petitioner Due to Lack of Public Order Threat and Improper Use of Antecedents -- Fundamental Rights Upheld in Preventive Detention Case

The petitioner challenged a detention order dated 13.10.2025 passed under Section 3(2) of the MPDA Act, arguing it violated his fundamental rights und...

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Gujarat High Court Quashes Detention Orders in PASA Cases for Non-Application of Mind. Preventive detention under Gujarat Prevention of Anti-Social Activities Act, 1985 set aside as authorities failed to consider bail orders and conditions, rendering subjective satisfaction invalid.

The petitioner, Kashyapbhai Rameshbhai Kotecha, filed multiple Special Civil Applications under Article 226 of the Constitution of India challenging t...

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Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Application of Mind and Mechanical Exercise of Power. Detaining Authority Failed to Consider Relevant Material and Grounds of Detention Were Vague and Stale.

The petitioner, Karnaram Lumbaji Choudhary, challenged a detention order dated 8th March 2018 passed by the Joint Secretary, Government of India, unde...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

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Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered by the detaining authority, and the detention order disclosed total non-application of mind.

The petitioner, Sanpreet Kaur Tejpal Singh, wife of the detenu Tejpal Mann Singh, challenged the detention order dated 6-2-2004 passed by respondent N...

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Bombay High Court Quashes Detention Order in Execution Proceedings for Non-Compliance with Procedural Requirements Under Order XXI Rule 32 CPC. Executing Court Failed to Consider Alternative Modes of Execution Before Ordering Civil Imprisonment for Breach of Injunction Decree.

The petitioners, Bhagwat Appa Chopade and others, were judgment debtors in Regular Darkhast No.59 of 1994 arising from a decree for perpetual injuncti...