Search Results for "such detention interpretation"

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Search Results for "such detention interpretation"

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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

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. Petitioner Entitled to Default Bail Under Section 167(2) CrPC as Charge Sheet Filed After Expiry of 60 Days from First Remand.

4 Mar 2025

The petitioner, Moulali, was arrested on 01.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, ...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in GST Detention Case — Confiscation Notice Under Section 130 Without Prior Adjudication Under Section 129 Held Invalid. The court held that proceedings under Section 130 of the CGST Act, 2017 cannot be initiated without first completing the adjudication process under Section 129 of the Act.

25 Sep 2023

The Revenue (Union of India and others) filed an intra-court appeal against the order of a learned Single Judge in W.P.No.100849/2022 dated 16.08.2022...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proper Verification of In-Camera Statements. Detention order under Section 3(2) of MPDA Act set aside as detaining authority failed to verify in-camera statements and did not consider that the alleged incident was a public agitation.

21 Apr 2023

The petitioner, Avinash @ Balu Atmaram More, challenged his detention order dated 07-06-2022 passed under Section 3(2) of the Maharashtra Prevention o...

High Court

Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

8 Feb 2021

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation by State Government. The court held that the detaining authority failed to consider the possibility of bail and the State Government mechanically confirmed the detention, rendering the orders unsustainable.

4 Dec 2017

The petitioner, Mohammed Mustafa, challenged the preventive detention order passed by the Commissioner of Police, Aurangabad under Section 3(1) of the...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Bootlegger — Detenu Acquitted in Multiple Excise Cases. Preventive detention under Karnataka Prevention of Dangerous Activities Act, 1985 set aside as ordinary criminal law sufficient.

19 Dec 2014

The petitioner, Gajji Veeresh, was detained under a preventive detention order dated 01.03.2014 passed by the Deputy Commissioner and District Magistr...

High Court

Bombay High Court Allows Detenu's Writ Challenging Preventive Detention Under MPDA Act — Detention Order Quashed for Non-Application of Mind and Failure to Consider Less Restrictive Alternatives. The court held that the detaining authority must consider whether ordinary law is sufficient and cannot mechanically pass a detention order when the detenu is already in custody.

13 May 2011

The petitioner, Rushikesh Tanaji Bhoite, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offende...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Consideration of Vital Documents. Failure to Consider Representations and Bail Order Renders Subjective Satisfaction Invalid.

23 Feb 2005

The petitioner, Mohan Bhojania, challenged a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smugg...

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