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 Against Bootlegger Under MPDA Act — Failure to Consider Bail Orders and Inadequate Verification of Witness Statements Renders Detention Invalid. Preventive detention order set aside as detaining authority did not consider bail orders and verification of anonymous witnesses was flawed, violating Article 22(5) of the Constitution.

8 Feb 2024

The petitioner, Dhanubai @ Dhanno Yashvant Netlekar, challenged an order dated 31.08.2023 passed by the District Magistrate, Jalgaon, detaining her as...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Link Between Bootlegging and Public Order. The court held that the detaining authority must consider the detenu's bail status and establish a clear nexus between the alleged activities and public order, which was absent in this case.

12 Jul 2018

The petitioner, Anil Preetam Kumbhar, challenged a detention order passed by the Commissioner of Police, Pune on 6 April 2018 under the Maharashtra Pr...

High Court

Bombay High Court Allows Compensation for Wrongful Preventive Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 — Detention Order Invalid for Lack of Subjective Satisfaction Regarding Public Order. The court held that the absence of subjective satisfaction in the detention order rendered it invalid, entitling the petitioner to compensation for the period of detention.

13 Oct 2014

The petitioner, Yuvraj Ramchandra Pawar, was detained under an order dated 2nd December 2013 passed by the District Magistrate, Satara, under Section ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Failure to Consider Retraction of Statement and Delay of Over 11 Months in Passing Order Vitiate Subjective Satisfaction Under Section 3(1)(i) of COFEPOSA Act, 1976.

5 May 2017

The petitioner, Gaurav Kanak Jain, challenged a detention order dated 21st November 2016 passed under Section 3(1)(i) of the Conservation of Foreign E...

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

Bombay High Court Hears Criminal Writ Petition Challenging Preventive Detention Under COFEPOSA; Grounds Include 12-Year Execution Delay and Non-Supply of Material Translations.

1 Feb 2005

In 1992, the petitioner Musthafa Ahamed Dossa was named as the head of a smuggling gang in statements recorded under Section 108 of the Customs Act, 1...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Communication of Basic Facts of Offences. Court Holds That Listing C.R. Numbers Without Factual Details Violates Article 22(5) Safeguards.

23 Aug 2017

The petitioner challenged a preventive detention order passed under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, B...

High Court

Bombay High Court Considers Writ Petition Against Preventive Detention Under MPDA Act, 1981. Detention Order Under Section 3(2) Challenged for Non-Application of Mind and Lack of Credible Material.

4 Sep 2017

The petitioner, Manoj @ Sonya S/o Ramdas Ghule, filed a criminal writ petition under Articles 14, 19, 21, 22 and 226 of the Constitution of India and ...

High Court

Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

28 Jan 2016

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

Supreme Court

Supreme Court Allows Appeals Against Preventive Detention Under PITNDPS Act for Lack of Application of Mind to Custody and Bail Likelihood. Detention Orders Quashed as Detaining Authority Failed to Record Satisfaction That Detenus in Judicial Custody Were Likely to Be Released on Bail and Would Indulge in Prejudicial Activity.

20 Dec 2024

The Supreme Court considered appeals against the dismissal of writ petitions challenging preventive detention orders under the Prevention of Illicit T...

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