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Search Results for "continued detention illegal"

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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail Not Considered. Failure to consider pending bail applications and absence of credible material linking detenu to public order disturbance renders detention order invalid under Section 3 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981.

11 Dec 2019

The petitioner, Govindsing Papulsing Tak, challenged a preventive detention order dated 22 February 2019 passed by the Commissioner of Police, Pune Ci...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay in Deciding Representation — Right to Make Representation Under Article 22(5) of Constitution Violated. The court held that a delay of 21 days in deciding the detenu's representation without satisfactory explanation renders the detention illegal.

17 Feb 2015

The petitioner, mother of the detenu, challenged the preventive detention order passed under Section 3 of the Maharashtra Prevention of Dangerous Acti...

High Court

Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

1 Aug 2014

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

High Court

Bombay High Court Quashes Detention Order Under MPD Act Due to Unexplained Delay in Deciding Representation. Unexplained Delay of Over 30 Days in Deciding Representation Violates Fundamental Right Under Article 22(5) of the Constitution of India.

24 Jun 2014

The petitioner, Ajay Suresh Alande, brother of the detenu Chetan Suresh Alande, filed a Criminal Writ Petition challenging the detention order dated 2...

High Court

Bombay High Court Quashes Detention Order Under Prevention of Black Marketing Act Due to Unexplained Delay in Considering Representation and Non-Placement of Chemical Analyser Report. Preventive Detention Order Set Aside as Vital Document Not Placed Before Detaining Authority and Representation Not Considered Promptly Under Section 3(1) read with Section 3(2)(b) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

28 Jan 2013

The petitioner, Ismail Nasruddin Shaikh, challenged an order dated 14th October 2012 passed by the Commissioner of Police, Solapur, directing his dete...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Supply of Vital Documents. Failure to furnish statements of witnesses, bail applications, and other material relied upon by detaining authority violates Article 22(5) of Constitution.

20 Jan 2012

The petitioner, Amin Mehboob Shaikh, challenged a detention order dated 27 July 2011 issued by the District Magistrate, Pune under Section 3(1) of the...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Grounds in Tamil Language — Right to Make Effective Representation Violated Under Article 22(5) of Constitution of India. The court held that failure to provide grounds of detention in a language understood by the illiterate Tamil-speaking detenu infringed his constitutional right to make an effective representation, rendering the detention illegal.

19 Oct 2006

The petitioner, Anna Durai @ Dilli Ganpati Devendra, an illiterate Tamil-speaking person residing in Mumbai, was detained under Section 3(2) of the Ma...

High Court

Bombay High Court Dismisses Habeas Corpus Petition Challenging Legislative Assembly's Power to Punish for Breach of Privilege. The court upheld the detention of a petitioner by the Maharashtra Legislative Assembly for breach of privilege, holding that the power of the House to punish for contempt is a constitutional privilege and the court's jurisdiction is limited to examining procedural compliance and fundamental rights.

22 Sep 2006

The petitioner, Manjit Singh Sethi, President of Fight for Right Bar Owners' Association, Mumbai, attended a meeting organized by the Dance Bar Girls'...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Petitioner's Application for Documents Renders Detention Invalid. The court held that the detaining authority's failure to consider the petitioner's application dated 2.10.2004 seeking copies of documents vitiated the detention order under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders & Dangerous Persons Act, 1981.

17 Aug 2005

The petitioner, Ramesh Ramnath Shetty, challenged a detention order passed by the Commissioner of Police, Brihan Mumbai, on 17th September 2004 under ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered before passing detention order under Section 3(1) of COFEPOSA Act, 1974, and the order disclosed total non-application of mind.

13 Jan 2005

The petitioner, Balbir Kaur, acting as next friend of the detenu Inderjeet Hunjun, filed a criminal writ petition challenging an order of detention da...

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