Search Results for "detention order"

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Search Results for "detention order"

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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...

Supreme Court

Supreme Court Allows Government Appeal in Freedom Fighter Pension Case: Cut-off Date for State Pension Receipt Upheld as Valid Condition. The Court held that the condition requiring receipt of State Pension by 01.08.2002 was a valid eligibility criterion under the Swatantrata Sainik Samman Pension Scheme, 1980 for Goa Liberation Movement Phase-II participants.

1 Jan 2020

The Supreme Court allowed the appeal filed by the Government of India against the judgment of the High Court of Bombay at Goa. The dispute concerned t...

Supreme Court

Supreme Court Upholds Detention Orders Under COFEPOSA Act Despite Detenu in Custody — Subjective Satisfaction of Imminent Release Sufficient. The Court held that the Detaining Authority's awareness of custody and recording of likelihood of release and propensity to indulge in prejudicial activities is sufficient to pass a valid detention order.

22 Nov 2019

The case involves appeals by the Union of India and the detenu against the Delhi High Court's judgment quashing detention orders under the COFEPOSA Ac...

Supreme Court

Supreme Court Partially Allows State's Appeal Against Quashing of Detention Order. High Court's Interpretation of Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 Regarding Detention Period is Erroneous.

13 Nov 2019

The Supreme Court heard an appeal by the State of Maharashtra against the High Court's order quashing a preventive detention order under the Maharasht...

Supreme Court

Supreme Court Dismisses Union of India's Challenge to Advisory Board Opinion in COFEPOSA Detention Case — Advisory Board's Opinion of No Sufficient Cause for Detention is Non-Justiciable and Not Subject to Challenge Under Article 136

21 Aug 2019

The case involves a challenge by the Union of India against the opinion of the Advisory Board constituted under the Conservation of Foreign Exchange a...

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...

Supreme Court

Supreme Court Allows State Appeal in Externment Case Under Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 — Additional District Magistrate Competent to Pass Externment Orders Under Section 13 Notification. The Court held that the High Court erred in relying on Ajaib Singh v. Gurbachan Singh as the statutory scheme under the Adhiniyam, 1990, including Section 18, expressly permits delegation of powers to Additional District Magistrates.

30 Jan 2019

The State of Madhya Pradesh appealed against a Division Bench judgment of the High Court that had quashed externment orders passed by the Additional D...

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