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Search Results for "fresh detention order"

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High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Application of Mind — Detenu's Custody in Criminal Case Not Considered. Failure to Consider Detenu's Judicial Custody and Likelihood of Bail Renders Detention Order Invalid Under Section 3 of Karnataka Prevention of Dangerous Activities Act, 1985.

11 Nov 2016

The petitioner, H.A. Hammabba, father of the detenu Safwan Hussain @ Safwan, filed a habeas corpus petition under Article 226 of the Constitution of I...

High Court

Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind — Failure to Consider Petitioner's Acquittal in Predicate Offence Renders Subjective Satisfaction Invalid.

20 Jul 2026

The petitioner, Suraj @ Nagesh Shivaji Mahanoor, filed a writ petition before the Bombay High Court (Circuit Bench at Kolhapur) seeking to quash and s...

High Court

Bombay High Court Allows Writ Petitions Challenging GST Detention Orders for Lack of Proper Adjudication. Detention orders under Section 129 of the Maharashtra Goods and Services Tax Act, 2017 quashed for violating natural justice as no opportunity of hearing was given and orders were unreasoned.

27 Jan 2026

The petitioner, Bharat Co Operative Bank Mumbai Ltd, filed two writ petitions challenging detention orders passed by the Deputy Commissioner of State ...

High Court

Gujarat High Court Upholds Detention Under PASA for Illegal Mining Activities — Non-Supply of Certain Documents Does Not Violate Right to Representation Under Article 22(5) of Constitution of India. The Court held that the detenu was supplied with all relevant documents and the detention order was valid under Section 3(2) of PASA Act read with Gujarat Mineral Rules, 2017.

17 Mar 2026

The judgment pertains to a batch of Special Civil Applications filed by detenus challenging their preventive detention orders under the Gujarat Preven...

High Court

High Court of Judicature at Bombay Adjudicates Challenge to Preventive Detention Order under PITNDPS Act — Detention Order Validity Questioned Based on Non-Reliance on Certain Grounds. The petitioner argued that the detention order was flawed because the detaining authority itself stated that parts of the grounds were not relied upon, calling into question the sufficiency of genuine grounds for detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

4 Apr 2025

The matter involved a criminal writ petition filed by Ikhlaq Bashir Shaikh before the High Court of Judicature at Bombay, challenging a preventive det...

High Court

Bombay High Court Quashes Detention Order in MPDA Case — Failure to Consider Less Restrictive Alternatives and Unexplained Delay in Representation. Preventive Detention Invalid as Detaining Authority Did Not Consider Adequacy of Ordinary Law Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

20 Jul 2026

The petitioner, Suraj @ Nagesh Shivaji Mahanoor, was detained under the Maharashtra Prevention of Dangerous Activities Act, 1981 by an order dated 13t...

High Court

Bombay High Court Quashes Prior Approval for Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 — Failure to Consider Less Restrictive Measures. The Court held that the detaining authority must consider the possibility of taking less drastic action before ordering preventive detention, and failure to do so vitiates the detention order.

20 Dec 2023

The petitioner, Ajgar Akhtar Khan, filed a writ petition under Article 226 of the Constitution of India challenging the grant of prior approval/order ...

Supreme Court

Supreme Court Allows Default Bail in PC Act Case, Holds Detention Period of 60 Days Applies When Maximum Sentence is Not Explicitly at Least Ten Years. The Court Interprets 'Imprisonment for a Term Not Less Than Ten Years' in Section 167(2) CrPC to Grant Default Bail When Charge Sheet Not Filed Within 60 Days.

1 Aug 2026

These Special Leave Petitions were preferred against the order of the Gauhati High Court dated 11.01.2017 rejecting the bail application of the petiti...

High Court

Bombay High Court Examines Legality of Preventive Detention Under MPDA Act for Alleged Dangerous Activities. Non-Furnishing of Proforma FIR Not Fatal, but Discrepancy in Translated Grounds Found Factually Well Grounded.

3 Sep 2021

The petitioner, a detenue, challenged a preventive detention order dated 12.05.2021 passed by the Commissioner of Police, Solapur under Section 3(2) o...

High Court

Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind — Failure to Consider Petitioner's Acquittal in Predicate Offence Renders Subjective Satisfaction Invalid. The court held that the detaining authority must consider all relevant material, including acquittal in the predicate offence, before forming subjective satisfaction under MCOCA.

20 Jul 2026

The petitioner, Suraj @ Nagesh Shivaji Mahanoor, filed a writ petition before the Bombay High Court (Circuit Bench at Kolhapur) seeking to quash and s...

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