Search Results for "MPDA Act, 1981"

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Search Results for "MPDA Act, 1981"

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High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Material Renders Detention Invalid. The court held that the detaining authority's failure to consider the detenue's bail status and the lack of independent material vitiated the subjective satisfaction under Section 3(2) of the MPDA Act, 1981.

17 Apr 2024

The petitioner, Abhimanyu Narasu Patil, a detenue, challenged an order of detention dated 12th October 2023 passed by the Commissioner of Police, Than...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Compelling Reasons and Non-Application of Mind. Preventive Detention Cannot Be Based on Single Isolated Incident Without Satisfying 'Disturbed Area' Condition Under Section 2(a-1) of MPDA Act.

25 Jul 2023

The petitioner, Siddant alias Siddharth Sanjay Marathe, challenged a detention order dated 7 February 2023 passed by the Commissioner of Police, Pune ...

High Court

Bombay High Court Quashes MPDA Detention Order for Lack of Proximate Link Between In-Custody Offences and Breach of Public Order. Detenu's Criminal Activities While in Custody Cannot Form Basis for Preventive Detention Under Section 3(2) of MPDA Act, 1981.

15 Jun 2023

The petitioner, father of the detenu Pruthviraj Vilas Aawale, challenged the detention order dated 16 December 2022 passed by the District Magistrate,...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. The court held that the detenu's alleged dangerous activities did not disturb public order, only law and order, and the detaining authority failed to consider that the detenu was already in custody.

4 Mar 2020

The petitioner, Siddhesh Bala Mhaskar @ Siddhu Abhange, challenged a preventive detention order passed on 28th August 2019 by the Commissioner of Poli...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay — Preventive Detention Invalidated as Live Link Between Grounds and Detention Purpose Broken

24 Feb 2020

The petitioner, mother of the detenu Zainul Abbas Shabbir Rajan, filed a writ petition under Article 226 of the Constitution of India challenging the ...

High Court

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

21 Feb 2020

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

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail Application and Acquittal in Main Case Not Considered. Failure to Consider Pending Bail Application and Subsequent Acquittal in Substantive Offence Vitiated Subjective Satisfaction Under Section 3(1) of MPDA Act.

18 Nov 2016

The petitioner, brother of the detenu Sanaullah Abdul Khan, challenged a preventive detention order dated 23.12.2015 passed by the Commissioner of Pol...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Illegible Documents and Lack of Marathi Translation. Preventive Detention Violates Article 22(5) of Constitution When Grounds Not Communicated Effectively.

25 Jun 2015

The petitioner, Rahul Ambadas Jadhav, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders ...

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 Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Proper Verification of In-Camera Statements. The court held that in-camera statements must be properly verified by the recording officer and the detaining authority must apply its mind to their credibility under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981.

11 Oct 2006

The petitioner, wife of the detenu, challenged the detention order dated 31/10/2005 passed by the Commissioner of Police, Brihan Mumbai, under Section...

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