Search Results for "such detention interpretation"

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Search Results for "such detention interpretation"

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Supreme Court

Supreme Court Allows Appeal by Prison Authorities Against High Court's Set-Off Order Due to Improper Exercise of Inherent Powers. High Court Erred in Entertaining Petition Under Section 482 CrPC When Statutory Appeal Remedy Under Section 374(2) CrPC Was Available, Reversing Grant of Set-Off Under Section 428 CrPC for Remand Periods.

22 Apr 2025

The appeal was filed by the Superintendent of Prison and Inspector of Police against a judgment of the High Court of Judicature at Madras dated 11.09....

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. Petitioner Enlarged on Bail Under Section 167(2) Cr.P.C. as Charge Sheet Not Filed Within Statutory Period.

4 Mar 2025

The petitioner, Moulali, was arrested on 03.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, ...

High Court

High Court of Karnataka Allows Default Bail in POCSO Case Due to Non-Completion of Investigation Within 60 Days. The right to default bail under Section 167(2) CrPC is an indefeasible right that accrues when the investigation is not completed within the prescribed period, and the accused is entitled to be released on bail if the charge sheet is not filed within that period.

4 Mar 2025

The petitioner, Moulali S/o Babajan Challal, was arrested in connection with offences punishable under Sections 376(2)(n), 506 of the Indian Penal Cod...

High Court

Bombay High Court Allows Wife's Petition for Bail and Quashes Police Custody Remand Orders in Prison Corruption Case. Petitioner's Husband, a Police Constable, Granted Bail on Conditions as Investigation Complete and No Further Custodial Interrogation Required.

6 Feb 2023

The petitioner, Sadhana Rathod, wife of arrested accused Ajinkya Rathod, filed a criminal writ petition under Article 227 of the Constitution of India...

High Court

Bombay High Court Dismisses Petition Challenging Preventive Detention Under MPDA Act — Bail Orders Considered, Nexus with Public Order Established. The court held that the Detaining Authority's reference to bail orders and statement of having gone through them indicates due consideration, and the grant of bail does not bar preventive detention if the authority is satisfied that the detainee's activities are prejudicial to public order.

22 Dec 2022

The petitioner, Rahul Tambe, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, D...

High Court

Bombay High Court Allows Writ Petition Challenging Suspension Order Under Rule 10(2)(a) of CCS (CCA) Rules, 1965 — Suspension Set Aside as Not Based on Detention Beyond 48 Hours. The Court held that the suspension order was invalid because the petitioner was not detained in custody for a period exceeding 48 hours, as required under Rule 10(2)(a), and the order was passed without application of mind.

3 Apr 2018

The petitioner, Vitthal Budho Tayade, was employed as a District Youth Coordinator in the Nehru Yuva Kendra Sangathan at Thane, Maharashtra. He was ta...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA for Non-Placement of Vital Documents. Failure to Place Retraction Statements and Bail Orders Before Detaining Authority Renders Detention Invalid Under Section 3(1) of COFEPOSA Act, 1974.

7 Nov 2014

The petitioner, son of the detenu Ramesh B. Doshi, challenged an order of preventive detention passed under Section 3(1) of the Conservation of Foreig...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

6 Nov 2012

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Settlement Application. Preventive detention order set aside as detaining authority failed to consider detenu's pending settlement application under Customs Act and Central Excise Act before passing order.

27 Jul 2006

The petitioner, brother-in-law of the detenu Charles Patrick, challenged the detention order dated 5.5.2006 passed under Section 3(1) of the Conservat...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused Not Furnished.

13 Jun 2005

The petitioner, brother-in-law of the detenu Abdulla Gulam Mustafa, challenged a detention order dated 27.11.2003 issued by the Principal Secretary (A...

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