Search Results for "stale incidents"

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Search Results for "stale incidents"

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High Court

High Court of Karnataka Quashes Preventive Detention Under Goonda Act for Non-Application of Mind and Lack of Material. Detention order set aside as the detaining authority failed to consider the detenu's bail applications and did not provide relevant documents to the detenu, violating procedural safeguards under Article 22(5) of the Constitution.

16 Oct 2024

The petitioner, Smt. Sangeeta Sunkrol, wife of the detenu Satish @ Market Satya, filed a writ petition for habeas corpus challenging the detention ord...

High Court

Bombay High Court Quashes Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 for Non-Application of Mind and Lack of Compelling Necessity. The court held that failure to consider the petitioner's custody status and the staleness of incidents rendered the detention order invalid.

3 Oct 2012

The petitioner, Allauddin @ Nigro @ Babu Chand Sayyed, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Offenders Act Case — Lack of Proximate Link Between Past Crimes and Public Order Disturbance. Single Pending Murder Case Insufficient to Justify 'Goonda' Detention When Bail Already Granted and No Charge-Sheet Filed.

18 Dec 2019

The Supreme Court allowed the appeal and quashed the preventive detention order against Khaja Bilal Ahmed, who was detained under the Telangana Preven...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Act Case Due to Non-Application of Mind and Stale Material. Detenu Granted Bail Months Before Detention Order, Conditions Fulfilled, No Breach of Public Order Established.

25 Jan 2022

The Supreme Court allowed the appeal against the preventive detention of the detenu under the Telangana Prevention of Dangerous Activities Act, 1986. ...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

10 Oct 2016

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Anonymous Complaint and Stale Incidents Insufficient to Sustain Preventive Detention. The court held that reliance on an unverified anonymous complaint and two criminal cases where the detenu was on bail did not justify preventive detention under Section 3(1) of the MPDA Act.

25 Feb 2005

The petitioner, Rupesh Ram Thakur, challenged a detention order dated 25-2-2004 passed under Section 3(1) of the Maharashtra Prevention of Dangerous A...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders Renders Detention Invalid. The detaining authority's omission to consider bail orders in the criminal cases relied upon as grounds of detention vitiates the subjective satisfaction under Section 3(2) of the MPDA Act.

10 Oct 2006

The petitioner, father of the detenu Sanjay Ramrup Gupta, challenged the detention order dated 21/10/2005 passed by the Commissioner of Police, Brihan...

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 Chapter Proceedings Against Social Workers for Lack of Material — Notices Under Sections 110(e)(g) and 111 CrPC Set Aside as Based on Stale and Acquitted Cases Without Proximate Connection to Public Order

22 Jun 2011

The petitioners, Dinesh Vitthal Patil and Bharat Vitthal Patil, were social workers and members of a political party residing in Malegaon, Nashik. The...

High Court

Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act, 1951 Due to Vague Material and Excessive Externment. Court Held That Externment Based on Stale and Minor Offences Without Live Link Is Unsustainable.

31 Mar 2011

The petitioner, Sheikh Hussain @ Sheikh Lakhan Sheikh Ibrahim, a tea stall owner from Chandkha Plot, Akola, challenged an externment order passed by t...

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