Search Results for "Illegally Detained"

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High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Compliance with Procedural Safeguards Under Karnataka Prevention of Dangerous Activities Act, 1985. Failure to Communicate Grounds of Detention in Language Known to Detenue Renders Detention Unlawful.

The petitioner, Dil Shad, wife of Huseen Kabeer, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging th...

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Bombay High Court Grants Habeas Corpus, Orders Release of Detainee Held Beyond Bail Order in MCOC Case. Petitioner's continued detention after being produced pursuant to production warrant and not being remanded was illegal as his earlier bail remained uncancelled.

The petitioner, Amar Shamrao Kolekar, was arrested on 17 September 2012 in connection with CR No. I-347/2012 for offences under Section 394 read with ...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Bombay High Court Dismisses Habeas Corpus Petition in Customs Act Detention Case — Detention Held Not Illegal. Petitioner's arrest under Section 104 of Customs Act, 1962 and subsequent judicial custody were lawful; no violation of Articles 14, 21, 22 of Constitution found.

The petitioner, Ankit Ghanshyam Mutha, filed a writ petition seeking a writ of habeas corpus and direction for his release from custody of the Directo...

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Supreme Court Dismisses Appeal Against Arbitral Award Upholding Forfeiture of Security Deposit and Detention of Equipment in Contract Dispute. Termination of Contract for Poor Performance and Failure to Transport Export Container Held Justified Under Arbitration and Conciliation Act, 1996.

The appeal arose from a dispute between M/s Vijay Trading and Transport Company (appellant) and Central Warehousing Corporation (respondent) concernin...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Order Set Aside as Mechanical Reproduction of Police Report Without Independent Satisfaction by District Magistrate.

The petitioner, Anant Manikrao Kachale, an agriculturist from Vaitagwadi, Parbhani, challenged his preventive detention order dated 24-08-2017 passed ...

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Bombay High Court Dismisses Petition Challenging SEBI Recovery Proceedings and Civil Imprisonment Order for Non-Payment of Dues. Recovery Officer's Order for Arrest and Detention of Defaulter Under Section 28A of SEBI Act, 1992 Upheld as Valid Exercise of Powers.

The petitioner, Vinod Hinigorani, filed a writ petition under Article 226 of the Constitution of India challenging the validity of orders dated 18.12....

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Husband — No Custodial Detention Found. Court holds that habeas corpus is not maintainable when the alleged detenu is not in police custody and his whereabouts are unknown.

The petitioner, Usharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the police auth...