Search Results for "detention without jurisdiction"

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Search Results for "detention without jurisdiction"

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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 Quashes Detention Order Under National Security Act 1980 Due to Procedural Lapses in Considering Representation. The detention was found illegal as the authorities delayed considering the representation and failed to communicate the decision, violating Article 22(5) of the Constitution and procedural safeguards under the National Security Act 1980.

29 Oct 2021

The Supreme Court of India heard a criminal appeal challenging a detention order under the National Security Act 1980. The appellant, a hospital direc...

High Court

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.

19 Jun 2021

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

Supreme Court

Supreme Court Upholds Preventive Detention Orders Under COFEPOSA for Gold Smuggling — High Court's Quashing Set Aside for Non-Application of Mind Regarding Bail Likelihood. The Court held that the detaining authority must record satisfaction of imminent bail possibility, but service of documents within statutory period is valid.

18 Jul 2019

The Supreme Court of India heard appeals against the Bombay High Court's judgment dated 25.06.2019 quashing preventive detention orders passed under S...

Supreme Court

Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

8 Apr 2019

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

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 Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

14 Mar 2018

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

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 at Goa Dismisses Detenu's Writ Petition Challenging Preventive Detention Under COFEPOSA — Upholds Detention Order Based on Smuggling of Foreign Currency and Gold. The court held that the detaining authority's subjective satisfaction was valid and the procedural safeguards under Article 22(5) were complied with.

22 Jun 2016

The petitioner, Imtiyaz Hussain, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1...

High Court

Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

11 Mar 2005

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...

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