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Madras High Court Allows Habeas Corpus Petition and Quashes Detention Order in Goonda Case Due to Non-Application of Mind. Detaining Authority's Reliance on Irrelevant Bail Order Without Similar Facts Vitiated Subjective Satisfaction Under Section 2(f) of Tamil Nadu Act 14 of 1982.

The petitioner, Karishma Kapoor, wife of the detenu Sai Sudhahar @ Sudhahar, filed a Habeas Corpus Petition under Article 226 of the Constitution of I...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Stale Grounds. Single FIR and Bail Not Sufficient to Treat Detenu as Dangerous Person Affecting Public Order.

The petitioner, Vishal Aananda Mahabal, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootlegger...

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Bombay High Court Quashes MPDA Detention Order for Non-Communication of Documents — Violation of Section 8 MPDA Act. Preventive Detention Order Set Aside as Detenu Was Not Supplied Copies of In-Camera Statements and Bail Order, Depriving Him of Right to Make Effective Representation.

The petitioner, Omkar Chandrashekhar Kapare, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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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.

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

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Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Orders.

The petitioner, Shailesh Dnyaneshwar Kedar, challenged a detention order dated 23 November 2014 passed by the Commissioner of Police, Nagpur, under Se...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Conditions and In-Camera Statements Did Not Show Prejudicial Activity After Release.

The petitioner, wife of the detenu Chandrakant Prabhakar Todankar, challenged the detention order dated 19th August 2004 passed under the Maharashtra ...