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Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...

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Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Reconsideration of Previously Adjudicated Offences and Failure to Distinguish Public Order from Law and Order Invalidates Preventive Detention.

The petitioner, Rajesh @ Dadu Eknath Nikumbh (Dhobi), challenged a preventive detention order dated 14.03.2024 passed by the District Magistrate, Jalg...

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High Court of Madras Allows Bail Appeal by Accused in SC/ST Act Murder Case, Setting Aside Trial Court's Dismissal of Bail Application. Appellant's Role Limited to Conveying Information Based on Co-accused's Confession; Similarly Placed Co-accused Granted Bail by Supreme Court.

The High Court of Judicature at Madras considered a criminal appeal filed by the appellant, Monnaiyan @ Duraisamy, under Section 14A(2) of the Schedul...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay Snapping Live-Link. Preventive Detention Order Set Aside as Delay of 25 Days in Passing Order Not Satisfactorily Explained by Detaining Authority.

The petitioner, Mandar Ajit Borkar, challenged his preventive detention order dated 14th October 2011 passed by the Commissioner of Police, Brihan Mum...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Offences under Sections 3(1)(r), (s), (v) of SC/ST Act not made out as alleged insult was not in public view and not intended to be on caste grounds.

The present appeals arise from Crime No. 23 of 2019 registered at Kandhar Police Station, Nanded, for offences under Sections 324, 143, 147, 148, 149,...