Search Results for "Subjective satisfaction"

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Search Results for "Subjective satisfaction"

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High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Live Link Between Conviction and Likely Future Offences. Single conviction under Section 324 IPC insufficient to justify externment under Section 57(1)(a)(i) of Maharashtra Police Act, 1951 without material showing tendency to commit similar offences.

10 May 2024

The petitioner challenged an externment order passed under Section 57(1)(a)(i) of the Maharashtra Police Act, 1951, externing him from Mumbai City, Mu...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Reasonableness and Stale Offences. The order was found to infringe the fundamental right under Article 19(1)(d) as it relied on offences from 2013 and 2018 without a live link and general confidential statements, failing the test of reasonableness under Section 56(1)(a)(b).

28 Jan 2022

The dispute involved an appellant challenging an externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which directed...

High Court

Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

8 Feb 2019

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Single Robbery Incident — Preventive Detention Not Warranted When Ordinary Criminal Law is Sufficient. The court held that a solitary incident of robbery simplicitor cannot form the basis for branding a person as a 'dangerous person' under Section 3 of the MPDA Act, 1981, and the detention order was passed mechanically without application of mind.

19 Jun 2018

The petitioner, Sagar @ Lalu Bhoju Rathod, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offen...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

23 Nov 2017

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Application of Mind Due to Mechanical Translation of Documents. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider translated documents before passing order.

12 Sep 2017

The petitioner, Taufiq Ismail Shaikh @ Pailwan, challenged a preventive detention order dated 20.03.2017 passed by the Commissioner of Police, Solapur...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu in Judicial Custody Without Bail Application. Failure to Disclose Compelling Reasons for Detention Despite Awareness of Custody Renders Order Invalid Under Section 3(1) of MPDA Act, 1981.

27 Oct 2014

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

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's wife successfully challenged detention order as grounds of detention did not reflect consideration of retraction of confessional statement and bail order, rendering detention invalid.

24 Aug 2012

The petitioner, Sangita Deepak Jare, wife of the detenu Deepak Sharad Jare, filed a writ of habeas corpus challenging the preventive detention order d...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. The court held that failure to consider the detenu's retraction of confession and non-supply of the retraction letter violated Article 22(5) of the Constitution.

19 Apr 2012

The petitioner, Anju Madan Lalwani, wife of Madan Vishindas Lalwani, filed a writ petition under Article 226 of the Constitution challenging the deten...

High Court

Bombay High Court Allows Petition Challenging Preventive Detention Under MPDA Act Due to Non-Supply of Documents and Unexplained Delay. Failure to supply relied-upon documents and inordinate delay between proposal and order snapped live link, rendering detention order invalid under Section 3(1) of MPDA Act, 1981.

1 Mar 2005

The petitioner, Soud Ahmad Juber Ahmad Khan, challenged a detention order dated 16th September 2004 issued by the Commissioner of Police, Thane, under...

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