Search Results for "twelve months detention"

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Search Results for "twelve months detention"

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High Court

High Court of Karnataka Quashes Preventive Detention Order in Bootlegging Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(2) of Karnataka Prevention of Dangerous Activities Act, 1985 set aside as grounds did not show that ordinary law was insufficient to prevent the detenu from acting prejudicially.

12 Jul 2024

The petitioner, wife of Sharath @ Sharath Kumar, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the detenti...

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...

Supreme Court

Supreme Court Allows Appeal Against Preventive Detention Under COFEPOSA Due to Unexplained Delay in Considering Representation — Right Under Article 22(5) Violated. The Court held that the 60-day delay in considering the detenue's representation by the Central Government was unexplained and vitiated the detention order.

15 May 2023

The Supreme Court allowed an appeal against a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activi...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detenu's Past Conduct and Single Incident Insufficient to Justify Preventive Detention Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

26 Apr 2021

The petitioner, Chandrakala w/o Ramlal Jadhav, challenged the detention order dated 07.12.2020 passed by the District Collector, Jalna (respondent No....

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Cannot Be Based on Mere Criminal Antecedents Without Evidence of Public Order Disturbance.

8 Mar 2021

The petitioner, Ashok Kisan Jadhav, challenged his detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-...

High Court

High Court of Karnataka Quashes Detention Order for Violation of Article 22(5) in Habeas Corpus Petition. Detenu's Right to Make Representation in Language Understood by Him Upheld, Detention Order Set Aside.

22 Apr 2016

The petitioner, Smt. Surekha Deepak Shintre, wife of the detenu Deepak Shivaji Shintre, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Application of Mind and Non-Supply of Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated as Grounds of Detention Were Not Communicated and Relevant Documents Were Not Supplied.

22 Apr 2016

The petitioner, Smt. Surekha Deepak Shintre, wife of the detenu Deepak Shivaji Shintre, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

Bombay High Court Dismisses Petition Challenging Preventive Detention Under MPDA Act for Dangerous Person. Detention Order Based on Past Criminal Activities and In-Camera Statements Upheld as Valid Under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981.

21 Oct 2010

The petitioner, brother of the detenue Surendra @ Surya Daulat Desai, challenged a detention order dated 15th March 2010 issued by the Commissioner of...

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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