Search Results for "Preventive Detention Act"

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Search Results for "Preventive Detention Act"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

25 Jun 2012

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Illegible Documents and Lack of Marathi Translation. Preventive Detention Violates Article 22(5) of Constitution When Grounds Not Communicated Effectively.

25 Jun 2015

The petitioner, Rahul Ambadas Jadhav, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders ...

High Court

Bombay High Court Quashes Preventive Detention Order for Failure to Serve Grounds — Violation of Article 22(5) of Constitution. Detenu's Right to Make Effective Representation Denied as Grounds Not Communicated Under Section 3(1)(2) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

29 Aug 2011

The petitioner, Dinesh s/o Ramchandra Tiwari, filed a criminal writ petition challenging an order of preventive detention dated 5th April 2011 passed ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Insufficient Time Between Endorsement of In-Camera Statements and Issuance of Detention Order. The court held that the Detaining Authority did not have sufficient time to apply its mind properly, vitiating the detention order under Section 2(a)(iv-a) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

10 Oct 2016

The petitioner, a friend of the detenu Nilesh Dnyaneshwar Desale, challenged the detention order dated 16.3.2016 passed by the District Magistrate, Ja...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Consideration of Vital Documents. Detaining Authority's Subjective Satisfaction Vitiated Due to Failure to Place Exhibits Before It.

14 Jun 2005

The petitioner, brother of the detenu Rashid Ahmed Siddique, filed a writ petition under Article 226 of the Constitution before the Bombay High Court ...

Supreme Court

Supreme Court Upholds Detention Orders Under COFEPOSA Act Despite Detenu in Custody — Subjective Satisfaction of Imminent Release Sufficient. The Court held that the Detaining Authority's awareness of custody and recording of likelihood of release and propensity to indulge in prejudicial activities is sufficient to pass a valid detention order.

22 Nov 2019

The case involves appeals by the Union of India and the detenu against the Delhi High Court's judgment quashing detention orders under the COFEPOSA Ac...

High Court

Bombay High Court Quashes Detention Order in Dangerous Person Case Due to Non-Application of Mind Regarding Bail Status. Preventive detention under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider that detenu was on bail in all four criminal cases, vitiating subjective satisfaction.

21 Dec 2020

The petitioner, Sunil Pandharinath Dhotre, challenged a detention order dated 11/2/2020 passed by the Commissioner of Police, Nashik, detaining him fo...

High Court

Karnataka High Court Quashes Detention Order Under Goonda Act in Favor of Detenue's Wife Due to Procedural Violations. Preventive Detention Invalid for Failure to Follow Section 8 Safeguards and Provide Effective Representation Under Article 22(5).

19 Jul 2023

The writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, was filed by Smt. B...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Consideration of Bail Conditions and In-Camera Statements Not Affecting Public Order. The court held that failure to consider bail conditions and lack of public order disturbance in in-camera statements renders the detention order invalid under Section 3(2) of the MPDA Act.

4 Sep 2025

The petitioner, Paras Rajendra Apte, challenged his detention order dated 09.04.2025 passed by the District Magistrate, Yavatmal under Section 3(2) of...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Offenders Act Case — Lack of Proximate Link Between Past Crimes and Public Order Disturbance. Single Pending Murder Case Insufficient to Justify 'Goonda' Detention When Bail Already Granted and No Charge-Sheet Filed.

18 Dec 2019

The Supreme Court allowed the appeal and quashed the preventive detention order against Khaja Bilal Ahmed, who was detained under the Telangana Preven...

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