Search Results for "Detenue"

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Search Results for "Detenue"

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High Court

Madras High Court Dismisses Habeas Corpus Petition for Child Custody in Marital Dispute. Court Holds That Disputed Questions of Fact Regarding Custody Cannot Be Decided in Writ Jurisdiction Under Article 226 of the Constitution of India and Directs Parties to Approach Competent Court.

13 Mar 2025

The petitioner, Dr. R. Divya, mother of a nine-month-old infant named Alice Kriya, filed a habeas corpus petition under Article 226 of the Constitutio...

High Court

Madras High Court Quashes Detention Order Based Solely on Likelihood of Bail Without Evidence of Public Order Threat. Preventive Detention Cannot Be Invoked Merely on Possibility of Accused Coming Out on Bail Without Demonstrating Propensity for Offending and Threat to Public Order.

12 Mar 2025

The habeas corpus petition was filed by the father of the detenu, challenging a preventive detention order passed by the District Magistrate of Thooth...

High Court

Madras High Court Allows Habeas Corpus Petition and Quashes Preventive Detention Order for Drug Offender Due to Lack of Proximity Between Adverse and Ground Cases. Non-Commercial Quantity of Kanja Recovered Insufficient to Invoke Preventive Detention Under Tamil Nadu Act 14/1982.

23 Jan 2025

The petitioner, N.Mahalakshmi, wife of the detenu Prakash, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Ma...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Compelling Necessity and Proximate Link. The court held that the detaining authority failed to consider alternative remedies like cancellation of bail and there was unexplained delay, vitiating the order.

23 Feb 2024

The petitioner, Aniket Balaji Suryawanshi, challenged an order dated 25.10.2023 passed by the District Magistrate, Hingoli, detaining him under Sectio...

High Court

Bombay High Court at Goa Quashes Inquiry Report of Goa Human Rights Commission Against Police Inspector for Alleged Assault and Illegal Detention — Report Found to Violate Principles of Natural Justice and Be Based on No Evidence.

12 May 2023

The petitioner, a Police Inspector, challenged an inquiry report dated 24.09.2015 of the Goa Human Rights Commission which found him guilty of violati...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation. Detenu's Preventive Detention Set Aside as Authorities Failed to Consider Relevant Material and Confirmatory Order Was Passed Without Independent Application of Mind.

8 Feb 2023

The petitioner, Ashokrao Uttamrao Pawar, father of the detenu Umesh @ Bunty s/o Ashok Pawar, filed a Criminal Writ Petition challenging the detention ...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Supply of Bail Orders and Documents. Detenu's Right to Make Effective Representation Violated Under Article 22(5) of Constitution and Maharashtra Prevention of Dangerous Activities Act, 1981.

1 Jul 2022

The petitioner, Ratnamala Mukund Balkhande, filed a criminal writ petition on behalf of her son, Sachin Mukund Balkhande, who was preventively detaine...

High Court

Bombay High Court Grants Interim Bail to MLAs in PMLA Cases to Vote in Legislative Council Election. Right to Vote as a Constitutional Duty Prevails Over Incarceration Under PMLA.

17 Jun 2022

The applicants, Mohammad Nawab Mohammad Islam Malik @ Nawab Malik and Anil Vasantrao Deshmukh, are members of the Maharashtra Legislative Assembly and...

High Court

Bombay High Court Quashes Preventive Detention Order for Failure to Consider Bail Orders. Non-consideration of bail in pending criminal cases under Maharashtra Prohibition Act, 1949 vitiates subjective satisfaction under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

15 Feb 2021

The petitioner, Elizabeth Ranibhai Prabhudas Gaikwad, challenged the preventive detention orders passed by the State of Maharashtra and the Collector ...

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