Search Results for "Subjective Satisfaction"

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Search Results for "Subjective Satisfaction"

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High Court

High Court Quashes Income Tax Reopening Notices in Search-Based Assessment Cases Due to Mandatory Application of Section 153C. Assessing Officer Cannot Invoke General Reassessment Provisions Under Sections 147/148 When Material Originates from Search Under Section 132/132A, as Special Provisions Under Section 153C Override and Require Exclusive Procedural Compliance.

7 Jan 2026

The judgment concerned a group of petitions challenging notices issued under Section 148 of the Income-tax Act, 1961, reopening assessments under Sect...

High Court

Bombay High Court Quashes Preventive Detention Order Against Detenu in Maharashtra Control of Organised Crime Act Case — Detention Order Set Aside for Non-Application of Mind and Lack of Material. Court Held That the Subjective Satisfaction of the Detaining Authority Must Be Based on Relevant Material and That the Failure to Consider the Detenu's Bail Application and the Fact That He Was Already in Custody Vitiated the Detention Order.

15 Oct 2025

The petitioner, Aman @ Amaan Jamir Shaikh, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court ...

Supreme Court

Supreme Court Upholds Preventive Detention Orders Under COFEPOSA for Gold Smuggling — High Court's Quashing Set Aside for Non-Application of Mind Regarding Bail Likelihood. The Court held that the detaining authority must record satisfaction of imminent bail possibility, but service of documents within statutory period is valid.

18 Jul 2019

The Supreme Court of India heard appeals against the Bombay High Court's judgment dated 25.06.2019 quashing preventive detention orders passed under S...

High Court

Bombay High Court Upholds Externment Orders Under Section 56(1)(a) and (b) of Maharashtra Police Act, 1951 — Emphasizes Need for Application of Mind and Compliance with Audi Alteram Partem. Court Holds That Externment Orders Must Be Based on Subjective Satisfaction of the Authority and Not Be Excessive or Arbitrary.

8 Feb 2019

The judgment arises from three criminal writ petitions challenging externment orders passed by the Deputy Commissioner of Police, Nagpur, under Sectio...

High Court

Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind. Preventive Detention Invalid as Detaining Authority Failed to Consider Detenu's Bail Status in Pending Criminal Cases.

3 May 2018

The petitioner, Kiran Dhanraj Kharat, challenged a detention order dated 13 December 2017 issued by the Commissioner of Police, Pune, under the Mahara...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Detaining Authority Failed to Consider Grant of Bail in Similar Cases. Preventive Detention Order Set Aside as Subjective Satisfaction Was Not Based on Relevant Material Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

28 Mar 2018

The petitioner, Rohit Kesrinath Patil @ Dappu, challenged a detention order dated 6th January 2018 issued under Section 3 of the Maharashtra Preventio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Subjective Satisfaction Vitiated by Casual Approach. Delay of 9 months between incident and detention order held to vitiate the subjective satisfaction under MPDA Act.

15 Dec 2017

The petitioner, Aalam Yosuf Shaikh, challenged a detention order dated 15 September 2017 passed under the Maharashtra Prevention of Dangerous Activiti...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Failure to Consider Petitioner's Release on Bail in Criminal Case Rendered Detention Order Invalid.

14 Sep 2012

The petitioner, Nasir Ismail Mujavar, challenged a detention order dated 3 February 2012 passed by the Commissioner of Police, Mumbai, under the Mahar...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Conditions and In-Camera Statements Did Not Show Prejudicial Activity After Release.

7 Mar 2005

The petitioner, wife of the detenu Chandrakant Prabhakar Todankar, challenged the detention order dated 19th August 2004 passed under the Maharashtra ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Consideration of Vital Documents. Failure to Consider Representations and Bail Order Renders Subjective Satisfaction Invalid.

23 Feb 2005

The petitioner, Mohan Bhojania, challenged a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smugg...

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