Search Results for "Communication of grounds"

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Search Results for "Communication of grounds"

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High Court

High Court of Karnataka Quashes Detention Order in Habeas Corpus Petition for Non-Compliance with Procedural Safeguards Under Karnataka Prevention of Dangerous Activities Act, 1985. Failure to Communicate Grounds of Detention in Language Known to Detenue Renders Detention Unlawful.

27 Apr 2026

The petitioner, Dil Shad, wife of Huseen Kabeer, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging th...

Supreme Court

Supreme Court Allows Appeals Against Preventive Detention Under PITNDPS Act for Lack of Application of Mind to Custody and Bail Likelihood. Detention Orders Quashed as Detaining Authority Failed to Record Satisfaction That Detenus in Judicial Custody Were Likely to Be Released on Bail and Would Indulge in Prejudicial Activity.

20 Dec 2024

The Supreme Court considered appeals against the dismissal of writ petitions challenging preventive detention orders under the Prevention of Illicit T...

High Court

Bombay High Court Dismisses Petition Challenging Arrest in Hoarding Collapse Case — Arrest Held Valid Under Section 41 CrPC. Court finds no violation of D.K. Basu guidelines as grounds of arrest were communicated in writing and arrest memo was served.

9 Aug 2024

The case arises from a catastrophic incident on 13/05/2024 when a large hoarding (64x50 meters, 120 ft high) collapsed on a petrol pump in Mumbai duri...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenue — Violation of Article 22(5) of Constitution of India and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that the detaining authority must ensure the detenue understands the grounds of detention to make an effective representation; failure to do so renders the detention illegal.

31 Aug 2023

The petitioner, Smt. Shrenika, wife of the detenue Sri. Huchappa @ Dhanaraj Kalebag, filed a writ petition under Articles 226 and 227 of the Constitut...

High Court

Bombay High Court Quashes Detention Order Under PASA Act for Non-Application of Mind and Procedural Lapses. Detenu's Preventive Detention Set Aside as Subjective Satisfaction Was Not Properly Recorded and Grounds of Detention Were Not Communicated in Time.

26 Nov 2019

The petitioner, Nitin Bhimabhai Patel, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA Act) by orders dated 14/03/...

High Court

Bombay High Court Quashes MPDA Detention Order for Non-Communication of Documents — Violation of Section 8 MPDA Act. Preventive Detention Order Set Aside as Detenu Was Not Supplied Copies of In-Camera Statements and Bail Order, Depriving Him of Right to Make Effective Representation.

28 Jan 2019

The petitioner, Omkar Chandrashekhar Kapare, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords...

High Court

Karnataka High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenu — Violation of Article 22(5) of Constitution and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that failure to supply grounds in Telugu, the only language known to the detenu, vitiated the detention order and ordered his release.

27 Oct 2016

The petitioner, Smt. Jayamma, wife of the detenu Giddappa @ Lambu Giddappa, filed a habeas corpus petition under Articles 226 and 227 of the Constitut...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Grounds in Language Known to Detenu — Violation of Article 22(5) of Constitution of India. Detenu Who Knew Only Urdu Was Served Grounds in English and Hindi, Rendering Representation Right Illusory.

18 Oct 2013

The petitioner, Abubakar @ Bagla Rais Ansari, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Boot...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language — Violation of Article 22(5) of Constitution and Section 8 of Maharashtra Prevention of Dangerous Activities Act, 1981. The court held that the detaining authority must ensure grounds are communicated in a language known to the detenu to enable effective representation, and failure to do so renders the detention order invalid.

28 Aug 2012

The petitioner, Firoz Hyder Shaikh @ Kalya Firoz, was detained under a preventive detention order dated 5th September 2011 passed by the Commissioner ...

High Court

Bombay High Court Quashes Preventive Detention Order for Failure to Serve Grounds — Violation of Article 22(5) of Constitution. Detenu's Right to Make Effective Representation Denied as Grounds Not Communicated Under Section 3(1)(2) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

29 Aug 2011

The petitioner, Dinesh s/o Ramchandra Tiwari, filed a criminal writ petition challenging an order of preventive detention dated 5th April 2011 passed ...

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