Search Results for "Habeas Corpus Petition"

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Madras High Court Dismisses Father's Appeal for Guardianship of Minor Child; Upholds Mother's Custody and Visitation Rights. Father's Remarriage and Long-Standing Custody with Mother Were Key Factors; Welfare of Child Paramount Under Guardian and Wards Act, 1890.

The dispute arose from a marriage solemnized on 08.11.2010 between the appellant (father) and the respondent (mother) as per Christian rites. A male c...

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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.

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

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Karnataka High Court Quashes Preventive Detention Order Under Karnataka Act for Twelve Months in First Instance. Detention Order Held Illegal as Contravening Proviso to Section 3(2) and Supreme Court Precedent in Cherukuri Mani; Detenu Ordered Released.

The petitioner, Yallappa, a poor coolie living with his wife and children in Raichur, was detained under the Karnataka Prevention of Dangerous Activit...

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Bombay High Court Dismisses Petition Alleging Illegal Detention by Police Officer — No Credible Evidence of Custodial Abuse Found. Petitioner Failed to Prove Detention Despite Claiming Two-Day Custody Without Reason.

The petitioner, Fayyaz s/o Shamshoddin Attar, filed a criminal writ petition seeking directions to take action against respondent No. 5, Assistant Pol...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

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Bombay High Court Quashes Detention Order Under MPD Act Due to Unexplained Delay in Deciding Representation. Unexplained Delay of Over 30 Days in Deciding Representation Violates Fundamental Right Under Article 22(5) of the Constitution of India.

The petitioner, Ajay Suresh Alande, brother of the detenu Chetan Suresh Alande, filed a Criminal Writ Petition challenging the detention order dated 2...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

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Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...