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Bombay High Court Quashes Detention Order in MPDA Act Case — Failure to Distinguish Between Law and Order and Public Order. Detention under Section 3 of MPDA Act set aside as grounds related to bootlegging did not affect public order, only law and order.

The petitioner, Badal s/o Manoj Sahare, challenged the detention order dated 26/04/2023 passed by the District Magistrate, Wardha under Section 3(1) a...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Invalid Delegation of Powers. Delegation Order Under Section 3(2) Must Record Satisfaction Based on Material and Reasons; Absence Renders Delegation and Subsequent Detention Orders Invalid.

The petitioner, Alakshit Rajesh Ambade, challenged the legality of a preventive detention order dated 02.07.2022 passed by the Commissioner of Police,...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders and In-camera Statements Renders Detention Invalid

The petitioner, Shamim Makmood Khan, mother of detenu Firoj @ Babbali Maqbul Khan, challenged a preventive detention order dated 16 October 2019 passe...

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Bombay High Court Quashes Circular Issued by Registrar of Cooperative Societies for Test Audit Without State Government Approval. Registrar Lacks Authority Under Section 81(3)(c) of Maharashtra Cooperative Societies Act, 1960 to Issue Such Directions.

The petitioner, Maharashtra State Cooperative Patsanstha Federation Ltd., a federation of cooperative credit societies registered under the Maharashtr...

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Bombay High Court Dismisses Petition Challenging Dismissal Order Under Article 311(2) Second Proviso (b) of Constitution of India — Subsequent Acquittal Does Not Revive Stale Challenge. Dismissal Order Based on Conviction Attained Finality; Petition Dismissed as Stale.

The petitioner, Satish L. Gawte, was dismissed from service by order dated 7 October 1998 under Article 311(2) second proviso (b) of the Constitution ...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

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Bombay High Court Quashes Preventive Detention Orders for Lack of Proximity Between Alleged Acts and Public Order. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 fails as alleged criminal acts do not affect public order but merely law and order.

The case involves three criminal writ petitions filed by Sayyed Muddasir Hussain and Sayyed Izaj Hussain challenging their preventive detention orders...

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Supreme Court Allows Appellant in Preventive Detention Case Due to Vague and Non-Existent Grounds. Detention Order Quashed as Grounds Failed to Provide Adequate Particulars for Representation, Rendering the Detention Illegal Under Sections 3 and 4 of Preventive Detention Act, 1950.

The petitioner was detained under the Preventive Detention Act, 1950, on allegations of black-marketing essential commodities. He challenged the deten...