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Search Results for "invalid detention order"

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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 ...

Supreme Court

Supreme Court Upholds Validity of Section 29A of the Insolvency and Bankruptcy Code, 2016, Disqualifying Related Parties of Corporate Debtors from Submitting Resolution Plans. The Court holds that the disqualification under Section 29A(c) applies to persons acting jointly or in concert with a disqualified person, and that the provision is not retrospective in operation.

3 Oct 2024

The Supreme Court of India delivered a landmark judgment on the interpretation and validity of Section 29A of the Insolvency and Bankruptcy Code, 2016...

High Court

Bombay High Court Declares Arrest Illegal for Non-Compliance with Article 22(1) and Section 50 Cr.P.C. — Failure to Communicate Grounds of Arrest in Writing Renders Arrest and Subsequent Remand Void. The court held that the constitutional mandate under Article 22(1) requires grounds of arrest to be communicated in writing, and oral communication is insufficient, vitiating the arrest and all subsequent remand orders.

18 Jul 2024

The petitioner was arrested on 22 February 2024 in connection with C.R. No.68 of 2020 registered at Malad Police Station for offences under Sections 4...

High Court

Bombay High Court Quashes Preventive Detention Order Due to Inordinate Delay in Deciding Representation. Delay of 27 Days in Deciding Representation Violates Article 22(5) of Constitution of India, Rendering Detention Order Invalid.

28 Nov 2022

The petitioner, Vijay Subhash Kore, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, D...

High Court

High Court of Karnataka Quashes Remand Order and Grants Bail in NDPS and Arms Act Case — Non-Compliance with Section 52A of NDPS Act Renders Seizure Suspect. The court held that the mandatory procedure under Section 52A of the NDPS Act for sampling and certification of seized contraband was not followed, making the seizure invalid and the remand order unsustainable, thereby granting bail to the accused.

29 Mar 2022

The petitioner, Mr. Sayyad Mohammad @ Nasim, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Ka...

High Court

Bombay High Court Quashes Detention Order Under MPID Act Due to Non-Application of Mind to Acquittals and Bail Orders. The detaining authority overlooked acquittals in 22 out of 28 cases and a bail order with an observation that identity was not established, vitiating the subjective satisfaction under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981.

13 Apr 2017

The petitioner, a detenu, challenged an order of detention dated 12.09.2016 passed by the District Magistrate, Wardha under Section 3 of the Maharasht...

High Court

Bombay High Court Allows Habeas Corpus Petition Quashing Preventive Detention Order Under MPDA for Procedural Violations. Non-Supply of Documents and Delay in Considering Representation Renders Detention Invalid.

22 Dec 2014

The petitioner, Shri Mohammed Tanveer Pariyani, filed a writ petition under Article 226 of the Constitution seeking a writ of Habeas Corpus to quash t...

High Court

Bombay High Court Quashes Reopening of Assessment in Income Tax Case — No Failure to Disclose Material Facts. Reopening under Section 147 of Income Tax Act, 1961 Held Invalid as Assessee Had Made Full Disclosure in Return and Notes.

10 Feb 2012

The petitioner, NYK Line (India) Ltd., a wholly owned subsidiary of a non-resident shipping line, filed its return of income for Assessment Year 2006-...

High Court

Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Lack of Full and True Disclosure. Container Detention Charges Collected as Agent Held Not Income of Assessee Due to Agency Relationship and RBI Circular.

10 Feb 2012

The petitioner, NYK Line (India) Ltd., a wholly owned subsidiary of a non-resident shipping line, acted as its agent under an agency agreement dated 1...

High Court

Bombay High Court Quashes Detention Orders Under MPDA Act for Failure to Consider Less Drastic Alternatives — Detenues Already in Judicial Custody at Time of Order. Preventive detention order invalid as detaining authority did not consider possibility of bail or less drastic measures despite detenues being in judicial custody.

7 Jul 2006

The Bombay High Court disposed of two criminal writ petitions challenging detention orders dated 30th June 2005 passed under Section 3(1) of the Mahar...

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