Search Results for "Alka Subhash Gadia"

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Search Results for "Alka Subhash Gadia"

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High Court

Bombay High Court Quashes Detention Order at Pre-Execution Stage for Non-Application of Mind in MPDA Act Case — Inaccurate Recital of In-Camera Statements and Failure to Consider Bail Conditions. Preventive Detention Order Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981 Set Aside as Detaining Authority Did Not Properly Apply Mind to Relevant Material.

27 Oct 2016

The petitioner, Nagesh Laxman Takmoge, challenged a detention order passed by the Commissioner of Police, Solapur City, under the Maharashtra Preventi...

High Court

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.

31 Jan 2011

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

High Court

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.

5 May 2017

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...

High Court

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.

24 Aug 2012

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

High Court

Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Placement of Vital Documents and Gross Delay. The court held that the grounds for challenging a preventive detention order at pre-execution stage are not limited to the five grounds in Alka Subhash Gadia, and that non-placement of vital documents vitiates the order under Section 3(1) of COFEPOSA Act.

5 Aug 2016

The petitioner, Surendra Kumar Pandey, challenged an order of preventive detention dated 4 July 2014 passed by the Additional Chief Secretary (Appeals...

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

High Court

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.

17 Oct 2006

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

High Court

Gujarat High Court Quashes Preventive Detention Order Against Chairman of Co-operative Society in Essential Commodities Case — Lack of Subjective Satisfaction and Non-Application of Mind. Detention order under Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 set aside as the detaining authority failed to consider the petitioner's explanation that the fair price shop was managed by a shop manager and the petitioner was not directly responsible.

12 Feb 2026

The petitioner, Vikramsinh Ramsinh Dindor, was the Chairman of the Aadivasi Sahkari Grahak Bhandar Limited, a registered co-operative society that ope...

Supreme Court

Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

7 Feb 2022

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

High Court

Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

27 Jan 2016

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...

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