Search Results for "Alka Gadia grounds"

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Supreme Court Directs Matters to Final Hearing on Whether Pre-execution Challenge to COFEPOSA Detention Orders Can Be on Grounds Beyond Alka Subhash Gadia Exceptions. The Court Examined if New Grounds Such as Absence of Live Link and Delay Could Be Used to Challenge Detention Orders Before Execution.

The Supreme Court dealt with a batch of matters challenging detention orders passed under the Conservation of Foreign Exchange and Prevention of Smugg...

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Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Application of Mind and Mechanical Exercise of Power. Detaining Authority Failed to Consider Relevant Material and Grounds of Detention Were Vague and Stale.

The petitioner, Karnaram Lumbaji Choudhary, challenged a detention order dated 8th March 2018 passed by the Joint Secretary, Government of India, unde...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Failure to Consider Retraction of Statement and Delay of Over 11 Months in Passing Order Vitiate Subjective Satisfaction Under Section 3(1)(i) of COFEPOSA Act, 1976.

The petitioner, Gaurav Kanak Jain, challenged a detention order dated 21st November 2016 passed under Section 3(1)(i) of the Conservation of Foreign E...

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Bombay High Court Dismisses Pre-Detention Challenge to COFEPOSA Order Filed by Wife of Proposed Detenu. Court holds that a pre-detention petition is not maintainable as the detention order had not been served and the detenu was not in custody.

The petitioner, Smt. Shanta Prakash Shewale, wife of Prakash Pandurang Shewale, filed a writ petition in the Bombay High Court challenging a detention...

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Bombay High Court Dismisses Pre-Execution Challenge to COFEPOSA Detention Order for Lack of Grounds Under Alka Subhash Gadia Criteria. Petitioner's Argument That Detention Was for Wrong Purpose Rejected as Activities Constituted Smuggling, Not Mere Abetment.

The petitioner, Suresh Kumar U. Jain @ Sanjay Srinath Rana, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Quashes Detention Order Under Prevention of Black Marketing Act Due to Non-Application of Mind and Lack of Subjective Satisfaction. Court also directs inquiry into custodial violence allegations and awards compensation of Rs. 5,00,000 for violation of fundamental rights.

The petitioner, Bhaurao s/o Punjabrao Gawande, a businessman dealing in transportation of petroleum products, challenged his detention order dated 27....