Search Results for "Non-application of Mind"

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Search Results for "Non-application of Mind"

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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Unexplained Delay in Disposal of Representation. Failure to Consider Detenu's Representation Promptly Violates Article 22(5) of the Constitution, Rendering Detention Invalid.

20 Dec 2016

The petitioner, Yahya @ Ayya Akbar Khan, challenged a preventive detention order dated 30 July 2016 passed by the Commissioner of Police, Mumbai, unde...

High Court

Bombay High Court Quashes Externment Order for Lack of Subjective Satisfaction and Non-Application of Mind by Authority. Externment under Maharashtra Police Act, 1951 Section 56(1)(b) set aside as the order was passed mechanically without considering the petitioner's explanation and without proper application of mind to the material on record.

19 Dec 2016

The petitioner, Bapu alias Suhas Sopan Davange, filed a Criminal Writ Petition before the Bombay High Court challenging the externment order dated 8th...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail Application and Acquittal in Main Case Not Considered. Failure to Consider Pending Bail Application and Subsequent Acquittal in Substantive Offence Vitiated Subjective Satisfaction Under Section 3(1) of MPDA Act.

18 Nov 2016

The petitioner, brother of the detenu Sanaullah Abdul Khan, challenged a preventive detention order dated 23.12.2015 passed by the Commissioner of Pol...

High Court

Bombay High Court Quashes Detention Order at Pre-Execution Stage for Non-Application of Mind in MPDA Act Case — Inaccurate Recital of In-Camera Statements and Failure to Consider Bail Conditions. Preventive Detention Order Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981 Set Aside as Detaining Authority Did Not Properly Apply Mind to Relevant Material.

27 Oct 2016

The petitioner, Nagesh Laxman Takmoge, challenged a detention order passed by the Commissioner of Police, Solapur City, under the Maharashtra Preventi...

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 Allows Writ Petition of Education Society and Head Master Against School Tribunal Order Setting Aside Teacher's Termination. Tribunal's Order Set Aside for Non-Application of Mind and Remitted for Fresh Consideration Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

1 Oct 2016

The case involves a challenge by Shishu Vikas Education Society and its Head Master (petitioners) against the judgment and order dated 30.01.2016 pass...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detaining Authority Failed to Consider Grant of Bail in Similar Cases. The court held that failure to consider the possibility of bail in similar cases vitiates the subjective satisfaction required for preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981.

29 Aug 2016

The petitioner, Vaibhav @ Pintya Bharat Mane, challenged an order of preventive detention dated 23.11.2015 passed by the Commissioner of Police, Pune ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application for Change in Intake Capacity of Educational Institution. Admissions Regulating Authority's order set aside for non-application of mind and failure to consider relevant material under the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fixation of Fees) Act, 2015.

12 Aug 2016

The petitioner, Everest Educational Society, through its President Dr. Abdul Gaffar Quadri, filed a Writ Petition under Article 226 of the Constitutio...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Material and Non-Application of Mind. Failure to Consider In-Camera Statements and Inadequate Notice Renders Externment Invalid.

11 Aug 2016

The petitioner, Shafi & Saddam Shoukat Qureshi, challenged an externment order dated 21st January 2016 passed by the Deputy Commissioner of Police (Zo...

High Court

Bombay High Court Quashes Arms Licence Revocation for Lack of Subjective Satisfaction and Non-Application of Mind. Licensing Authority Failed to Consider Petitioner's Explanation and Renewal History Under Section 17(3) of Arms Act, 1959.

15 Jul 2016

The petitioner, Ajay Jayawant Bhosale, was a Municipal Councilor and Upshahar Pramukh of Shiv Sena in Pune. He obtained an arms licence in 2003 under ...

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