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Search Results for "foreign detention"

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Supreme Court

Supreme Court Dismisses Petitions Challenging Preventive Detention Orders Under COFEPOSA Act Due to Procedural Compliance and Established Live-Link. Detention Orders Upheld as Detaining Authority Recorded Subjective Satisfaction Based on Materials Showing Involvement in Smuggling Syndicate and Future Propensity to Commit Offences Under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

16 Apr 2026

The Supreme Court heard two connected special leave petitions challenging preventive detention orders issued under the Conservation of Foreign Exchang...

High Court

Bombay High Court Quashes COFEPOSA Detention Order Due to Unexplained Delay. Preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 set aside as live nexus between smuggling activity and detention order snapped by 10-month delay.

27 Jan 2016

The petitioner, Farida Imram Chamundi, wife of the detenu, challenged a preventive detention order passed under the Conservation of Foreign Exchange a...

High Court

Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

27 Jan 2016

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Supply of Bail Order — Failure to Provide Vital Document Violates Article 22(5) of Constitution. The detenu's right to make an effective representation was infringed when the bail order, referred to in the grounds of detention, was not supplied to him, rendering the detention order invalid under Section 3(1) of COFEPOSA Act, 1974.

16 Apr 2012

The petitioner, Mohd. Shakil Khan, uncle of the detenu Nadeem Shaikh, filed a writ petition under Article 226 of the Constitution of India challenging...

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 COFEPOSA for Non-Application of Mind and Non-Communication of Grounds. Detenu's Right to Make Effective Representation Violated as Documents Relied Upon Were Not Supplied.

15 Jul 2011

The petitioner, Shabbirbhai Bookwala, father of the detenu Mustafa Sabbirbhai Bookwala, filed a habeas corpus petition under Article 226 of the Consti...

High Court

Bombay High Court Dismisses Pre-Execution Challenge to COFEPOSA Detention Order for Lack of Grounds Under Alka Subhash Gadia Criteria. Petitioner's Argument That Detention Was for Wrong Purpose Rejected as Activities Constituted Smuggling, Not Mere Abetment.

31 Jan 2011

The petitioner, Suresh Kumar U. Jain @ Sanjay Srinath Rana, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging ...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Lack of Proximity Between Grounds and Detention. The court held that the detaining authority's failure to consider the conditions of bail and the staleness of the grounds vitiated the detention order under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981.

9 Aug 2005

The petitioner, Shadab Siddiq Khan @ Shadab Chikna, was detained under an order dated 17th November 2004 issued by the Commissioner of Police, Brihan ...

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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