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Search Results for "incamera statements"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Material to Show Disturbance of Public Order. The court held that preventive detention requires a threat to public order, not mere law and order issues, and that unexplained delay vitiates the order.

29 Jun 2021

The petitioner, Ganesh alias Gajaraj Sainath Patil, challenged a detention order dated 19 January 2021 passed by the Collector and District Magistrate...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Status of Detenu.

13 Feb 2018

The petitioner, Suryakant @ Mukesh Laxman Dhotre, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Dru...

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 Externment Order for Violation of Natural Justice — Show Cause Notice Under Section 59 of Bombay Police Act, 1951 Must Afford Meaningful Hearing Before Externment Under Section 56.

30 Nov 2017

The petitioner, Rajesh Jiwan Jangle, a businessman running a hotel and owning a godown in Nagpur, challenged an externment order passed by the Deputy ...

High Court

Bombay High Court Quashes Externment Order Against Woman in Maharashtra Police Act Case — Procedural Violations and Lack of Evidence Render Externment Invalid. Failure to Provide Show Cause Notice and Consider Less Restrictive Measures Under Section 56 of the Maharashtra Police Act, 1951 Leads to Setting Aside of Externment Order.

27 Apr 2017

The petitioner, Shanno @ Shamali Jafar Pathan, a 32-year-old woman agriculturist from Bhikanwada, Pathardi, Ahmednagar, challenged the externment orde...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Inadequate Verification of In-camera Statements. The court held that the detaining authority's subjective satisfaction was vitiated as it did not consider the detenu's bail status and the in-camera statements were not properly verified, violating Section 3(2) of the MPDA Act.

18 Jan 2017

The petitioner, Viki Baban Galte, challenged a preventive detention order passed on 26 April 2016 by the Commissioner of Police, Pune, under Section 3...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Criminal Cases Not Considered. The court held that failure to consider the detenu's bail status vitiates the subjective satisfaction required for preventive detention under Section 3(2) of the MPDA Act.

18 Jan 2017

The petitioner, Viki Baban Galte, challenged a preventive detention order dated 26 April 2016 passed by the Commissioner of Police, Pune, 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 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 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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