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Search Results for "in-camera witness"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detaining Authority Relied on Extraneous Material Including Inapplicable Sections. Preventive Detention Order Set Aside as Subjective Satisfaction Vitiated by Reliance on Irrelevant Documents Under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981.

29 Jun 2018

The petitioner, Pawan Tukaram Kudale, challenged a detention order dated 29 January 2018 passed by the Commissioner of Police, Pune City, under Sectio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that mere criminal antecedents without evidence of public disturbance do not justify preventive detention under Section 3(1) of the MPDA Act.

20 Jun 2018

The petitioner, Nikki @ Kawa s/o Suresh Khare, challenged an order of detention passed by the Commissioner of Police, Nagpur City on 29 January 2018 u...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Supply of Vital Documents — Failure to Furnish In-Camera Statements and Documents Violates Article 22(5) of Constitution and Section 8 of MPDA Act.

31 Jan 2018

The petitioner, Hanuman Rajaram Mhatre, was detained under an order dated 6th September 2017 passed by the Commissioner of Police, Thane, under Sectio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Less Restrictive Measures. Preventive Detention Order Set Aside as Detaining Authority Did Not Consider Whether Bail Conditions Could Adequately Prevent Petitioner's Dangerous Activities.

19 Dec 2016

The petitioner, Deepak Suryawanshi, challenged a preventive detention order dated 11 July 2016 passed by the Commissioner of Police, Pune, under Secti...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

10 Oct 2016

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Evidence of Public Order Disturbance — Single Criminal Case and In-camera Statements Insufficient to Justify Detention as 'Dangerous Person'

26 Sep 2016

The petitioner, Arjun Balkrishna Sonavane, challenged a preventive detention order dated 12.10.2015 passed by the Commissioner of Police, Solapur, und...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Detenu Already in Judicial Custody — Failure to Consider Less Drastic Remedy Renders Detention Invalid. The court held that a preventive detention order cannot be sustained when the detenu is already in custody and the detaining authority fails to consider the possibility of resorting to less drastic remedies such as cancellation of bail.

4 Apr 2016

The petitioner, Sagar Prakash Bhosale, challenged a preventive detention order dated 1 June 2015 passed by the Commissioner of Police, Solapur, under ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders and Inadequate Verification of In-Camera Statements. Preventive Detention Invalid as Detaining Authority Did Not Consider Bail Orders and In-Camera Statements Were Not Properly Verified Under Section 3 of MPDA Act, 1981.

30 Sep 2015

The petitioner, Abhishek Pradip Tarkase, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offende...

High Court

Bombay High Court Allows Revision Against Framing of Charges in Rape Case — Trial Court Directed to Reconsider Charges Under Sections 376, 328, 354, 506 IPC Based on Inconsistent Evidence. Inconsistency in Prosecutrix's Statement Regarding Sexual Intercourse Leads to Setting Aside of Charge Under Section 376 IPC.

29 Apr 2014

The petitioner, Dr. Suyog s/o Dinkarrao Vyas, a medical practitioner, filed a Criminal Revision Application before the Bombay High Court, Aurangabad B...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act — Failure to Record Witnesses' Fear of Deposing in Public. The court held that the Externing Authority must record satisfaction that witnesses are unwilling to depose in public due to fear, not merely that people are unwilling to depose.

23 Apr 2014

The petitioner, Amit Arjun Phale, challenged an externment order dated 4.10.2013 passed by the Deputy Commissioner of Police, Zone IV, Pune City, unde...

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