Search Results for "Non-application of Mind"

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Bombay High Court Quashes MPDA Detention Order Against Sand Smuggler Due to Non-Application of Mind. Preventive detention set aside as detaining authority failed to consider custody and lack of public order impact.

The petitioner, Shubham Balasaheb Kardule, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 528 of the ...

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Karnataka High Court Quashes Preventive Detention Order for Non-Application of Mind and Mechanical Confirmation. Detenu's representation not considered independently, violating Article 22(5) of Constitution and Section 3(2) of Karnataka Prevention of Dangerous Activities Act, 1985.

The petitioner, Smt. Marry Usha, wife of the detenu Gnana Prakash, filed a writ petition for habeas corpus under Article 226 of the Constitution of In...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Application of Mind and Non-Supply of Relevant Material. Detenu's Dismissal from CISF for Alleged Smuggling Involvement Not Considered, Rendering Detention Order Invalid.

The petitioner, Ram Avatar Meena, father-in-law of the detenu Muralilal Meena, challenged a preventive detention order dated 22 August 2013 passed by ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Petitioner in Judicial Custody at Time of Order. Court held that detaining authority failed to demonstrate compelling reasons or imminent possibility of bail, rendering detention order illegal.

The petitioner, Fazal Sikandar Patel, challenged a detention order dated 26.08.2013 passed by the Commissioner of Police, Aurangabad under Section 3(1...

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Bombay High Court Quashes Cancellation of Contract and Forfeiture of Earnest Money in Coal Transport Tender Dispute. Violation of Natural Justice and Non-Application of Mind by Western Coalfields Limited Leads to Setting Aside of Order Cancelling Letter of Allotment and Debarment.

The petitioners, including a joint venture firm and its constituents, challenged an order dated 19.2.2014 passed by the respondents, Western Coalfield...

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Bombay High Court Quashes Externment Orders Under Section 56(1)(a)(b) Bombay Police Act for Incomplete Notice and Non-Application of Mind. Externment Based on Stale Crimes and Failure to Consider Petitioner's Reply Renders Orders Invalid.

The petitioners, Satish Sagun Korgaonkar and Akbar Hussain Shafi Hussain, challenged externment orders passed by the Deputy Commissioner of Police und...

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Bombay High Court Quashes Refusal to Renew Firearm Licenses in Arms Act Case — Licensing Authority Must Record Reasons and Consider Individual Circumstances. Failure to Provide Reasons and Non-Application of Mind Renders Orders Unsustainable Under Section 13 of Arms Act, 1959.

The petitioners, father and son, held firearm licenses under Section 13 of the Arms Act, 1959, granted in 1993 and 2008 respectively. When they applie...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...