Search Results for "Section 11(1) Preventive Detention Act"

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High Court of Karnataka Quashes Remand Order in Murder Case for Non-Communication of Arrest Grounds. Petitioner's arrest and subsequent judicial custody held illegal as grounds of arrest were not communicated in writing as required under Article 22(1) of the Constitution and Section 50 of CrPC.

The petitioner, Hemanth Datta @ Hemantha @ Baby, was arrested on 17.02.2023 in connection with Crime No. 35/2023 registered at Arasikere Town Police S...

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Bombay High Court Holds That Power Under Section 60 of Maharashtra Police Act, 1951 Is Quasi-Judicial and Requires Speaking Orders. The appellate authority must assign reasons while disposing of appeals under Section 60 of the Maharashtra Police Act, 1951.

The case arose from a reference made by a Division Bench of the Bombay High Court (Coram: Nitin Jamdar & Sarang V. Kotwal, JJ.) which did not agree wi...

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High Court of Bombay Allows Release of Detained Vehicle in Customs Case — Petitioner's Vehicle Detained for Transporting Counterfeit Goods, Court Orders Release on Payment of Redemption Fine and Penalty

The petitioner, Haresh S. Bhanushali, proprietor of M/s. Jalaram Container Movers, owned a trailer bearing registration No. MH-46-H-1284. The vehicle ...

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Supreme Court Upholds Commutation of Death Sentence to Life Imprisonment Due to Inordinate Delay and Solitary Confinement. Acquittal in Related Rape Case Not Considered in Mercy Petition, Violating Fundamental Rights.

The Supreme Court dismissed the appeal filed by the Union of India against the High Court's order commuting the death sentence of respondent Dharam Pa...

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Bombay High Court Transfers Investigation of Custodial Murder to CBI and Directs Registration of FIR Against Police Officers. The court found that the victim died due to injuries sustained while in police custody and that the investigation by CID was not impartial, warranting transfer to CBI.

The petitioners, wife, father, and brother of the deceased Shaikh Muhammed Shaikh Rustam, filed a criminal writ petition seeking transfer of investiga...

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Bombay High Court Quashes Notice Under Section 110(e) and (g) CrPC Against Corporator for Lack of Material and Abuse of Process. Court holds that preventive action requires credible material showing habitual offending, not isolated incident.

The petitioner, Shirish Hiralal Choudhary, a Corporator from Nandurbar, filed a criminal writ petition under Articles 14, 21, and 226 of the Constitut...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...

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Bombay High Court Allows Advocate's Petition Against Misconduct by Special Executive Magistrate in Section 107 CrPC Proceedings. Court Holds That Police Officers Acting as Executive Magistrates Must Follow Judicial Procedure and Cannot Humiliate Advocates.

The judgment pertains to two criminal writ petitions filed before the Bombay High Court, Nagpur Bench, challenging the practice and procedure adopted ...

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Supreme Court Upholds Preventive Detention Order Beyond Three Months Under Preventive Detention Act, 1950. Interpretation of 'Such Detention' in Article 22(4)(a) of the Constitution Confirmed to Refer to Preventive Detention, Not Period of Detention.

The case involved a constitutional challenge to an order of preventive detention under the Preventive Detention Act, 1950, as amended. The appellant, ...