Search Results for "Preventive Detention Act"

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Bombay High Court Dismisses Writ Petition Challenging Detention Under MPDA Act — Preventive Detention Upheld as Legally Valid. Court holds that subjective satisfaction of detaining authority based on credible material is sufficient and not vitiated by delay in disposal of representation.

The case involves a criminal writ petition filed by 23 petitioners challenging their detention under the Maharashtra Prevention of Dangerous Activitie...

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Madras High Court Allows Habeas Corpus Petition, Quashes Preventive Detention Order Due to Lack of Proximity Between Adverse Cases and Ground Case. Preventive Detention Act Invoked Unnecessarily When Ordinary Law Sufficed.

The petitioner, Velu, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Madras High Court challenging the deten...

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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 Dismisses Writ Petition Seeking Action Against Police Officers for Alleged Harassment and Illegal Detention — No Evidence of Malafides or Violation of Fundamental Rights Found.

The petitioner, Murlidhar Atmaram Wani, a retired driver from Municipal Council, Dharangaon, filed a criminal writ petition under Article 226 of the C...

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Madras High Court Allows Habeas Corpus Petition, Quashes Preventive Detention Order Due to Lack of Proximity Between Adverse Cases and Ground Case. Preventive detention under Tamil Nadu Act 14 of 1982 held unnecessary as charge sheet filed in ground case and ordinary law sufficient.

The petitioner, Pachaiyammal, mother of the detenu Ajithkumar, filed a Habeas Corpus Petition under Article 226 of the Constitution of India challengi...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Material to Show Public Order Disturbance. Detention of alleged bootlegger set aside as activities related to illicit liquor did not affect public order but only law and order.

The petitioner, Jaywanta s/o Gangaram Pawar, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-off...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Compelling Necessity and Proximate Link. The court held that the detaining authority failed to consider alternative remedies like cancellation of bail and there was unexplained delay, vitiating the order.

The petitioner, Aniket Balaji Suryawanshi, challenged an order dated 25.10.2023 passed by the District Magistrate, Hingoli, detaining him under Sectio...

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Madras High Court Allows Undertrial Prisoner to Vote via Postal Ballot in Assembly Elections — Right to Vote Not Extinguished by Detention. Section 62(5) of Representation of the People Act, 1951 does not apply to undertrials; court directs Election Commission to facilitate postal ballot.

The petitioner, Hari Nadar, an undertrial prisoner confined in Central Prison, Puzhal, Chennai, filed a writ petition under Article 226 of the Constit...