Search Results for "Preventive detention"

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High Court Quashes Preventive Detention Order Under Gujarat Prevention of Anti-social Activities Act Due to Insufficient Impact on Public Order. Detention Based on Five Criminal Cases Under Section 304(2) BNS Found Inadequate to Establish Prejudice to Public Order Under Section 2(c) of the Act.

The case involved a petition challenging a preventive detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985. The det...

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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering ...

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Preventive Detention Orders Quashed for Non-Compliance with Constitutional and Statutory Safeguards.

Constitution of India, 1950 (COI) – Article 21 – Protection of Life and Personal Liberty – Violation of Fundamental Rights due to De...

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Bombay High Court upheld the detention order against the Petitioner under the Maharashtra Prevention of Dangerous Activities Act, 1981, dismissing claims of non-placement of complete bail order before the detaining authority.

The Court held that non-placement of the entire bail order did not vitiate the subjective satisfaction of the detaining authority since the reasoning ...

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"Preventive Detention: SC Quashes MPDA Act Order Lacking Public Order Nexus" "Supreme Court rules that preventive detention under the MPDA Act requires a clear impact on public order, not mere law-and-order disturbances."

1. Case Overview (Paras 1–3): Appeal against the High Court's dismissal of a writ petition challenging detention under MPDA Act. 2. Detention ...

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"Detention Order Quashed Due to Lack of Subjective Satisfaction and Procedural Lapses." "Failure to apply mind by detaining authority and delayed service of confirmation order leads to quashing of detention under MPDA Act."

  Introduction & Hearing (Para 1-3):The petitioner challenged the detention order dated 14.03.2024 passed by the District Magistrate under t...

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Supreme Court Quashes Detention Order Under COFEPOSA, Upholds Detenu's Constitutional Rights. The Supreme Court emphasized the importance of personal liberty, setting aside the detention of Jaseela Shaji's husband due to procedural lapses under COFEPOSA.

The Supreme Court of India quashed the detention order of the appellant's husband under the Conservation of Foreign Exchange and Prevention of Smuggli...

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Supreme Court Overturns High Court's Decision on Preventive Detention. Judicial Discipline and Consistency in Upholding Constitutional Rights.

The Supreme Court of India, overturned the Kerala High Court's decision, which had dismissed the appellant's writ petition challenging the preventive ...

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Supreme Court Mandates Written Grounds for All Arrests: A Landmark Ruling to Uphold Fundamental Rights. Ruling in Prabir Purkayastha Case Enforces Constitutional Safeguards, Invalidates Oral Justifications for Arrests

The Judgement discusses the Supreme Court's ruling in Prabir Purkayastha vs. State (NCT of Delhi), reinforcing the necessity for arresting authoritie...