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Search Results for "prejudicial activity"

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High Court

High Court Quashes FIR Against Accused in Unlawful Assembly Case Due to Lack of Specific Allegations and Communal Harmony. Sections 143, 147, 148, 153A, 504, 506, 149 IPC Not Attracted as Incident Was a Spontaneous Altercation Without Common Object or Communal Motive.

20 Sep 2024

The petitioners, five individuals, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR ...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Lack of Subjective Satisfaction and Unexplained Delay. Preventive detention order set aside as detaining authority failed to establish live-link between alleged activities and public order disturbance.

3 Jul 2024

The petitioner challenged a detention order passed under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act) and its subsequent ap...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Public Order Impact — Bootlegger's Activities Not Shown to Be Prejudicial to Public Order. The court held that the detaining authority failed to produce cogent material to show that the detenu's activities were prejudicial to the maintenance of public order, as distinct from law and order, under Section 3(1) of the MPDA Act.

18 Oct 2019

The petitioner, Dattatray Baswant Jagtap, challenged his preventive detention order dated 11th April 2019 passed under Section 3(1) of the Maharashtra...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Revision Case — Commissioner's Revision Under Section 263 Held Invalid as Assessment Order Was Not Erroneous or Prejudicial to Revenue. The Court upheld the ITAT's finding that the twin conditions for invoking Section 263 of the Income Tax Act, 1961 were not satisfied.

24 Jul 2017

The Principal Commissioner of Income Tax, Goa, appealed against the order of the Income Tax Appellate Tribunal (ITAT), Panaji, dated 28/11/2014, which...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

3 Jul 2015

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

High Court

Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

24 Jan 2014

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

High Court

Bombay High Court Quashes Externment Order in Bombay Police Act Case — Excessive Area and Lack of Nexus. Externment Order Covering Four Districts Set Aside as Prejudicial Activities Confined to Two Police Stations, Violating Section 56(1)(a)(b) of Bombay Police Act, 1951.

4 Sep 2013

The petitioner, Ayub Abdul Sattar Shaikh, challenged an externment order passed by the Deputy Commissioner of Police, Zone-VI, Mumbai, under Section 5...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay Snapping Live-Link. Preventive Detention Order Set Aside as Delay of 25 Days in Passing Order Not Satisfactorily Explained by Detaining Authority.

23 Jan 2012

The petitioner, Mandar Ajit Borkar, challenged his preventive detention order dated 14th October 2011 passed by the Commissioner of Police, Brihan Mum...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Preventive detention order set aside as detaining authority failed to consider that detenu was on bail and conditions ensured no prejudicial activity.

7 Oct 2006

The petitioner, Intezar Umar Daraj Khan, challenged an order of preventive detention dated 31st October 2005 passed by the Commissioner of Police, Mum...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Anonymous Complaint and Stale Incidents Insufficient to Sustain Preventive Detention. The court held that reliance on an unverified anonymous complaint and two criminal cases where the detenu was on bail did not justify preventive detention under Section 3(1) of the MPDA Act.

25 Feb 2005

The petitioner, Rupesh Ram Thakur, challenged a detention order dated 25-2-2004 passed under Section 3(1) of the Maharashtra Prevention of Dangerous A...

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