Search Results for "prejudicial activity"

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Search Results for "prejudicial activity"

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Supreme Court

Supreme Court Quashes Detention Order Under PIT NDPS Act Due to Non-Application of Mind and Lack of Live Link. Preventive detention order was invalid as detaining authority failed to consider bail status and relied on stale incidents without contemporary material showing continued prejudicial activity under Section 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

30 Sep 2022

The appeal arose from a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substanc...

High Court

High Court of Karnataka Quashes Preventive Detention Order Under PITNDPS Act for Non-Application of Mind and Lack of Proximate Link. Detention order set aside as the detaining authority failed to consider the petitioner's pending bail application and the order was passed mechanically without proper application of mind.

12 May 2020

The petitioner, Mr. Kenneth Jideofor, challenged a preventive detention order dated 23.01.2020 passed by the Joint Secretary to the Government of Indi...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Continuous Activity. Single FIR for Offence Under SC/ST Act Does Not Constitute 'Offences' Required Under Section 56(1)(bb) Read with Section 2(a)(iv) of Maharashtra Prevention of Communal, Anti-Social and Other Dangerous Activities Act, 1980.

20 Feb 2019

The petitioner, Aamna Bi Shiekh Pir Mohd Sheikh, challenged an externment order passed by the Deputy Commissioner of Police, Nagpur, under Section 56(...

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 Detention Order Under MPDA Act for Non-Supply of Vital Documents — Failure to Furnish In-Camera Statements and Documents Violates Article 22(5) of Constitution and Section 8 of MPDA Act.

31 Jan 2018

The petitioner, Hanuman Rajaram Mhatre, was detained under an order dated 6th September 2017 passed by the Commissioner of Police, Thane, under Sectio...

High Court

Karnataka High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenu — Violation of Article 22(5) of Constitution and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that failure to supply grounds in Telugu, the only language known to the detenu, vitiated the detention order and ordered his release.

27 Oct 2016

The petitioner, Smt. Jayamma, wife of the detenu Giddappa @ Lambu Giddappa, filed a habeas corpus petition under Articles 226 and 227 of the Constitut...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Material to Show Public Order Threat. Single Criminal Case and In-Camera Witness Statements Insufficient to Justify Detention as 'Dangerous Person' Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

6 Oct 2016

The petitioner, Dashrath Madhukar Kasabe, challenged a preventive detention order dated 3 May 2016 passed by the Commissioner of Police, Solapur, unde...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Evidence of Public Order Disturbance — Single Criminal Case and In-camera Statements Insufficient to Justify Detention as 'Dangerous Person'

26 Sep 2016

The petitioner, Arjun Balkrishna Sonavane, challenged a preventive detention order dated 12.10.2015 passed by the Commissioner of Police, Solapur, und...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Sections 147/148 of Income Tax Act, 1961 — Reopening Based on Change of Opinion on Rule 8 Loss Set-Off Held Invalid. The court held that Rule 8 of Income Tax Rules, 1962 applies to both income and loss, and loss from plantation division is a business loss allowable under Rule 8.

1 Apr 2010

The petitioner, Hindustan Unilever Limited, filed its return of income for assessment year 2004-2005 on 29 October 2004, showing net profit before tax...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Failure to Explain Gap Between Prejudicial Activities and Detention Order Breaks Live Link and Vitiates Subjective Satisfaction. Preventive Detention Order Under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 Set Aside as Detaining Authority Did Not Explain Delay of Over Three Months.

17 Apr 2006

The petitioner, Rajesh Vasant Jadhav, challenged an order of detention dated 30th June 2005 passed by the Commissioner of Police, Greater Bombay, unde...

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