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Bombay High Court Quashes COFEPOSA Detention Order Due to Illegible Documents Violating Article 22(5). Supplying illegible documents amounts to non-communication of grounds, depriving detenu of effective representation.

The petitioner, Sanjay Soni, challenged a detention order dated 25th January 2012 passed under Section 3(1) of the Conservation of Foreign Exchange an...

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Supreme Court Dismisses Appeals in Murder Case Due to Unreliable Evidence and Procedural Issues. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 302 Indian Penal Code, 1860, Amid Pathway Dispute and Inconsistent Eyewitness Testimony.

The Supreme Court of India dealt with multiple criminal appeals arising from a common occurrence involving a pathway dispute between the prime accused...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated by Failure to Furnish Statements of Co-Accused and Retraction Letters.

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

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Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Illegible Documents and Lack of Marathi Translation. Preventive Detention Violates Article 22(5) of Constitution When Grounds Not Communicated Effectively.

The petitioner, Rahul Ambadas Jadhav, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders ...

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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Right to Representation and Mechanical Confirmation. Detenu's Right to Make Representation Under Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985 Was Not Communicated, Rendering Detention Illegal.

The writ petition was filed by Smt. Prathiba Talapati, wife of the detenu Sri. Dawood Nadaf, challenging the preventive detention order dated 03.06.20...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Evidence of Public Order Disturbance — Single Criminal Case and In-camera Statements Insufficient to Justify Detention as 'Dangerous Person'

The petitioner, Arjun Balkrishna Sonavane, challenged a preventive detention order dated 12.10.2015 passed by the Commissioner of Police, Solapur, und...