Search Results for "unlawful detention"

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Search Results for "unlawful detention"

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High Court

Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

11 Jan 2005

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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 Allows Writ Petition Challenging Demurrage and Wharfage Charges by Port Trust — Holds Customs Detention Not Attributable to Exporter for Demurrage Liability. The court quashed the demand for demurrage and wharfage charges against the exporter and directed the Customs authorities to pay the amount to the Port Trust.

29 Mar 2006

The petitioners, Vidyt Metallics Ltd. and another, filed a writ petition challenging the orders dated 17.12.1998 and 29.12.1998 and the demand dated 8...

Supreme Court

Supreme Court Upholds Parole Order for Convict in Culpable Homicide Case Due to Arbitrary Rejection and Delay in Execution. Rejection of permanent parole on ground of not applying for regular parole held unsustainable; delay in implementing High Court order violates Article 21.

1 Jan 2026

The appellant, Daulal, was convicted for offences under Sections 148, 448, 304 Part II read with 149, and 323 of the Indian Penal Code, 1860, and sent...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

High Court

Bombay High Court Allows Default Bail Under Section 167(2) CrPC for Failure to Pass Specific Remand Extension Order. Mandatory Production of Accused and Specific Order Required for Valid Extension of Police Custody Remand.

21 Feb 2018

The petitioner, Parshuram s/o Bajirao Dongre, was arrested on 23.7.2017 in connection with Crime No. 85/2017 registered at Aheri Police Station, Gadch...

Supreme Court

Supreme Court Dismisses Appeal Against Habeas Corpus Rejection in CID Arrest Case — Grounds of Arrest Held Compliant with Article 22 and BNSS. The Court upheld the High Court's finding that the arrest and detention were lawful as the grounds of arrest and remand report were served on the detenue prior to the remand hearing.

1 Jan 2025

The appellant, Kasireddy Upender Reddy, filed a habeas corpus petition before the High Court of Andhra Pradesh alleging that his son, Kessireddy Raja ...

Supreme Court

Supreme Court Dismisses Appeal Holding That Bail in Original FIR Does Not Cover Newly Added UAPA Offences and NIA Re-Registration Is Not a Second FIR. The court ruled that the appellant must seek fresh bail for offences under the Unlawful Activities (Prevention) Act, 1967, and that the NIA's re-registration and further investigation were lawful.

26 Apr 2019

The appellant, Pradeep Ram, was initially arrested in connection with FIR No. 02/2016 registered at Police Station Tandwa for offences under Sections ...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

High Court

Bombay High Court Dismisses Habeas Corpus Petition for Son's Release in CBI Case Due to Timely Filing of Charge-Sheet. Court holds that 90-day limit under Section 167(2) CrPC applies to offences punishable with imprisonment of 10 years or more, and charge-sheet filed within 90 days prevents default bail.

8 Dec 2017

The petitioner, Rajkumar Bhagchand Jain, filed a writ of habeas corpus before the Bombay High Court seeking the release of his son, Rohit Jain, from j...

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