Search Results for "Effective representation"

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Search Results for "Effective representation"

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Supreme Court

Supreme Court Quashes Detention Order in COFEPOSA Case Due to Non-Supply of Vital Material and Inordinate Delay in Deciding Representation. Preventive detention under Section 3(1) of COFEPOSA set aside as statements of key witness not furnished to detenu, violating Article 22(5) right to make effective representation.

31 Jul 2024

The appellant, wife of detenu Appisseril Kochu Mohammed Shaji, challenged the detention order dated 31.08.2023 passed under Section 3(1) of COFEPOSA b...

Supreme Court

Supreme Court Allows Appeal Against Preventive Detention Under COFEPOSA Due to Unexplained Delay in Considering Representation — Right Under Article 22(5) Violated. The Court held that the 60-day delay in considering the detenue's representation by the Central Government was unexplained and vitiated the detention order.

15 May 2023

The Supreme Court allowed an appeal against a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activi...

Supreme Court

Supreme Court Dismisses Petition by Judicial Officer Seeking Reinstatement After Resignation. Transfer Found Not Illegal Under Madhya Pradesh Higher Judicial Services Transfer Policy, and Resignation Did Not Amount to Constructive Dismissal Under Constitutional and Service Law Provisions.

10 Feb 2022

The petitioner, a former Additional District and Sessions Judge in Madhya Pradesh, filed a writ petition under Article 32 of the Constitution of India...

Supreme Court

Supreme Court Clarifies Legal Standards for Reservation in Promotions for Scheduled Castes and Scheduled Tribes Under Article 16(4-A) of the Constitution. The Court Held That There Is No Fixed Yardstick for Quantifiable Data Showing Inadequacy of Representation, and the State Must Collect Data Based on Cadre as the Unit, with Sampling Methods Permissible, While Affirming the Prospective Operation of M. Nagaraj v. Union of India.

28 Jan 2022

The judgment arose from a batch of cases challenging reservation in promotions for Scheduled Castes and Scheduled Tribes under Article 16(4-A) of the ...

High Court

Bombay High Court Quashes MPDA Detention Order for Non-Application of Mind and Mechanical Confirmation by Advisory Board. Detenu's Right to Make Effective Representation Violated as Grounds of Detention Were Not Properly Considered.

19 Mar 2019

The petitioner, Shrinivas Kishor Sanga, challenged his detention order dated 30/10/2018 passed by the Commissioner of Police, Solapur, under Section 3...

High Court

High Court of Karnataka Quashes Detention Order in Karnataka Prevention of Dangerous Activities Act Case — Failure to Consider Less Restrictive Measures. Detenu's brother successfully challenged preventive detention as the detaining authority did not consider the possibility of resorting to less drastic remedies under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985.

26 Sep 2018

The petitioner, Suresh B. Shetty, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging the preventive de...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Representation to Advisory Board. Failure to Forward Detenu's Representation to Advisory Board Violates Article 22(5) of Constitution and Section 10 of MPDA Act.

6 Apr 2018

The petitioner, Rupesh Ram Thakur, challenged an order of detention dated 17 October 2017 passed under Section 3 of the Maharashtra Prevention of Dang...

High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

29 Jan 2018

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...

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 National Security Act for Non-Service of Order and Denial of Representation Rights. The court held that failure to serve the detention order and inform the detenu of his right to make a representation violates Section 3(2) of the National Security Act, 1980 and Article 22(5) of the Constitution.

7 Oct 2013

The petitioner, Jalil Shaikh, through his brother Abdul Hamed Shaikh, filed a criminal writ petition before the Bombay High Court at Goa challenging a...

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