Search Results for "Subjective satisfaction"

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that mere criminal antecedents without evidence of public disturbance do not justify preventive detention under Section 3(1) of the MPDA Act.

The petitioner, Nikki @ Kawa s/o Suresh Khare, challenged an order of detention passed by the Commissioner of Police, Nagpur City on 29 January 2018 u...

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Bombay High Court Allows Writ Petition and Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detenu in Judicial Custody Without Bail Application — Detaining Authority Failed to Disclose Compelling Reasons for Detention.

The petitioner, Pravin @ Purshottam Shrinivas Mahajan, challenged an order of preventive detention dated 29 April 2014 passed by the Commissioner of P...

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Bombay High Court Quashes COFEPOSA Detention Order Due to Illegible Documents Violating Article 22(5). Supplying illegible documents amounts to non-communication of grounds, depriving detenu of effective representation.

The petitioner, Sanjay Soni, challenged a detention order dated 25th January 2012 passed under Section 3(1) of the Conservation of Foreign Exchange an...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Discrepancy in Dates. Discrepancy between date of detention order (02/02/2012) and grounds of detention (03/02/2012) shows subjective satisfaction recorded after order, vitiating detention.

The petitioner, Iqbal Sikandar Pathan, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's bail status and passed the order mechanically, violating the requirement of subjective satisfaction.

The petitioner, Shri Madhukar Mahadeo Manve, challenged the detention order dated 19th August 2004 passed under the Maharashtra Prevention of Dangerou...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Documents. Detenu's Statement Under Section 108 of Customs Act Not Considered, Violating Article 22(5) of Constitution.

The petitioner, son of the detenu Vashdev Gobindram Adnani, challenged the detention order dated 3-11-2004 passed by the Principal Secretary to the Go...