Search Results for "Grounds of detention"

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Search Results for "Grounds of detention"

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Supreme Court

Supreme Court Dismisses Appeal in COFEPOSA Detention Case, Upholding High Court's Refusal to Set Aside Order. The Court Found Compliance with Article 22(5) of the Constitution as Authorities Served Grounds in Bengali and Informed Detenue of Right to Representation Despite His Refusal, Based on Signed Panchnama and Diligent Attempts.

4 Jan 2024

The Supreme Court heard an appeal by the brother-in-law of a detenue challenging a detention order under the Conservation of Foreign Exchange and Prev...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail Not Considered. Failure to consider pending bail applications and absence of credible material linking detenu to public order disturbance renders detention order invalid under Section 3 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981.

11 Dec 2019

The petitioner, Govindsing Papulsing Tak, challenged a preventive detention order dated 22 February 2019 passed by the Commissioner of Police, Pune Ci...

High Court

Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Non-Application of Mind and Violation of Right to Representation. Detenu's Right to Make Representation Under Article 22(5) of Constitution Infringed Due to Non-Supply of Grounds in Understandable Language and Unexplained Delay.

25 Jun 2019

The Bombay High Court allowed two criminal writ petitions challenging preventive detention orders passed under the Conservation of Foreign Exchange an...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detaining Authority Failed to Consider All Grounds of Detention. Single Case in Paragraph 4(a) Considered, Paragraph 5 Ignored, Vitiated Order.

22 Mar 2016

The petitioner, Suman Sudhakar Jadhav, mother of the detenu Ganesh Sudhakar Jadhav @ Kalya Ganya, filed a writ petition under Article 226 of the Const...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Representation and Inadequate Grounds Renders Preventive Detention Invalid. The court held that the detaining authority must consider the detenu's representation before confirming detention and that vague grounds violate Article 22(5) of the Constitution.

28 Sep 2006

The petitioner, Shri Sujit Suresh Menpal, challenged a detention order passed by the Commissioner of Police, Brihan Mumbai, on 7/10/2005 under Section...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Public Order Disturbance — Demand of Money from Individual Worker Does Not Affect Public Order. The court held that an incident of demanding money from a single person, without more, does not disturb public order and cannot justify preventive detention under Section 3 of the MPDA Act.

28 Jul 2006

The petitioner, Vinod Ramjiyawan Rajbhar, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offend...

High Court

Bombay High Court Quashes Detention Orders Under MPDA Act for Failure to Consider Less Drastic Alternatives — Detenues Already in Judicial Custody at Time of Order. Preventive detention order invalid as detaining authority did not consider possibility of bail or less drastic measures despite detenues being in judicial custody.

7 Jul 2006

The Bombay High Court disposed of two criminal writ petitions challenging detention orders dated 30th June 2005 passed under Section 3(1) of the Mahar...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Grounds Renders Preventive Detention Invalid. The court held that the detaining authority must consider the possibility of the detenu being released on bail and the impact of existing bail orders when passing a preventive detention order under Section 3(1) of the MPDA Act.

23 Mar 2006

The petitioner, Mhaisarali Ramzanali Khan, challenged an order of detention dated 21 April 2005 passed by the Commissioner of Police, Thane, under Sec...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind in Grounds of Detention. The court held that failure to specify the period of detention in the grounds and non-consideration of representation by the detaining authority vitiates the preventive detention order under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981.

10 Jan 2006

The petitioner, wife of the detenu Rafiq Sarvar Shaikh @ Rafu, challenged the detention order dated 31/3/2005 passed by the Commissioner of Police, Br...

High Court

Bombay High Court Quashes Detention Order Due to Untruthful Translation of Grounds in Preventive Detention Case. Failure to Furnish Correct Marathi Translation Violates Article 22(5) of Constitution and Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

15 Mar 2005

The petitioner, father of the detenu Shanidas Parshuram Mhatre, challenged the detention order dated 8.10.2004 passed by the Commissioner of Police, T...

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