Search Results for "Preventive Detention Act"

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Madras High Court Allows Habeas Corpus Petition Due to Unexplained Delay in Preventive Detention. Delay of 38 Days Between Arrest and Detention Order Snaps Live and Proximate Link, Rendering Detention Invalid Under Tamil Nadu Act 14 of 1982.

The petitioner, Matheshwari, mother of the detenu Jeganraj, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the M...

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Bombay High Court Grants Interim Bail to MLAs in PMLA Cases to Vote in Legislative Council Election. Right to Vote as a Constitutional Duty Prevails Over Incarceration Under PMLA.

The applicants, Mohammad Nawab Mohammad Islam Malik @ Nawab Malik and Anil Vasantrao Deshmukh, are members of the Maharashtra Legislative Assembly and...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Translation of Vital Documents. Failure to Provide Marathi Translation of English Documents Violates Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, Vicky @ Munna Mahesh Shinde, challenged a preventive detention order dated 15 October 2019 passed by the District Magistrate, Ahmednag...

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Bombay High Court Quashes Preventive Detention Orders for Violation of Right to Make Effective Representation Under Article 22(5) of Constitution. Non-supply of Bail Application and Bail Order in Connected Crime Renders Detention Invalid Despite Section 5A of MPDA Act.

The petitioner, Sayed Jafar Sayed Nasir, challenged two detention orders dated 20th February 2018 and 12th March 2018 passed by the Commissioner of Po...

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Madras High Court Allows Habeas Corpus Petition Quashing Preventive Detention Order — Mere Criminal Involvement Not Ground for Preventive Detention. Preventive detention order set aside as the detenu's cases could be dealt with under ordinary law, and preventive detention cannot be used for punishment.

The petitioner, Uma, mother of the detenu Logesh, filed a habeas corpus petition under Article 226 of the Constitution of India before the Madras High...

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Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind — Failure to Consider Grant of Bail and Inadequate Material to Establish 'Habitual' Bootlegger

The petitioner, Kashinath Motiram Chavan, challenged a detention order dated 23 March 2021 passed by the Commissioner of Police, Solapur, under Sectio...

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Bombay High Court Dismisses Habeas Corpus Petition in Customs Act Detention Case — Detention Held Not Illegal. Petitioner's arrest under Section 104 of Customs Act, 1962 and subsequent judicial custody were lawful; no violation of Articles 14, 21, 22 of Constitution found.

The petitioner, Ankit Ghanshyam Mutha, filed a writ petition seeking a writ of habeas corpus and direction for his release from custody of the Directo...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Compelling Reasons and Non-Application of Mind. Preventive Detention Cannot Be Based on Single Isolated Incident Without Satisfying 'Disturbed Area' Condition Under Section 2(a-1) of MPDA Act.

The petitioner, Siddant alias Siddharth Sanjay Marathe, challenged a detention order dated 7 February 2023 passed by the Commissioner of Police, Pune ...