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Preventive Detention - Judgment Search Results

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Sep 18 1989

M.P. Mustafa Vs. Secretary (Preventive Detention) to the Govt. of Maha ...

Court: Mumbai

Decided on: Sep-18-1989

Reported in: 1990(1)BomCR618; (1989)91BOMLR376; 1991(1)MhLj238

of delay there was no nexus between the activity of the detenue in the said case and the preventive action taken by the Detaining Authority. It may be seen that the judgment of the Supreme Court cited … Post Purathoor via Tirur, Mallapuram, District Kerala, has filed the instant criminal writ petition challenging the order of detention of the detenu dated 7-4-1989.2. The facts are that by the aforesaid order of detention dated 7-4-1989 the


Apr 09 1990

Shaikh Mohd. Rafiq Mohd. HussaIn Vs. Preventive Detention Secretary to ...

Court: Mumbai

Decided on: Apr-09-1990

Reported in: 1990CriLJ2422

Pendse, J.1. The Secretary (Preventive Detention) to the Government of Maharashtra, Home Department, and Detaining Authority passed order dated May, 9, 1989 in exercise


Mar 14 2013

Ravi Hanumant Thorat Vs. the State of Maharashtra, Through the Secreta ...

Court: Mumbai

Decided on: Mar-14-2013

thereof, unless, in the meantime, it has been approved by the State Government. The provision thus provides for preventive detention so as to prevent dangerous activities prejudicial to maintenance of public order. The persons having resources and influence … or public health. Thus, it is a condition precedent for the Detaining Authority before passing an order of preventive detention to satisfy itself that such order is required to be passed to prevent activities of slumlord or bootlegger


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Jun 27 1990

Rampurwalah Sharafaali Vs. L. Hainglianna, Secretary (Preventive Deten ...

Court: Mumbai

Decided on: Jun-27-1990

Reported in: 1991(2)BomCR271; 1991CriLJ190

and thereby to the security of the nation. The enactment is preventive and not punitive. The provisions of preventive detention are extraordinary in nature. The detenu before us was detained under sub-section (1) of Section 3 of the … of Maharashtra by its order dated 4-5-1989 at Annexure-I. The order was passed by Mr. L. Hainglianna, Secretary (Preventive Detention), to the Government of Maharashtra, Home Department and Detaining Authority, who authenticated the said order on behalf of


Aug 01 1995

Smt. Laura Britto Vs. V.C.D. Singh Secretary Preventive Detention and ...

Court: Mumbai

Decided on: Aug-01-1995

Reported in: 1996(3)BomCR265; 1996CriLJ371

Matched in: Parties Smt. Laura Britto Vs. V.C.D. Singh Secretary Preventive Detention and Others


Dec 10 1991

Saileshkumar Bhanwarlal JaIn Vs. L. Hmingliana, Secretary (Preventive ...

Court: Mumbai

Decided on: Dec-10-1991

Reported in: 1991(4)BomCR378; 1992CriLJ913

should be taken by the concerned authorities in matters of personal liberty where a person is kept in preventive detention without trial. Detenus may be literate or illiterate, they may have access to legal advice or otherwise, they


Jun 27 1991

Smt. Hawabi Sayed Arif Sayed Hanif Vs. L. Hmingliana, Secretary (Preve ...

Court: Mumbai

Decided on: Jun-27-1991

Reported in: (1991)93BOMLR673; 1992CriLJ437; 1992(1)MhLj348

Smuggling Activities Act, 1974 (hereinafter referred to as the 'COFEPOSA Act') on 23rd October 1990 by the Secretary (Preventive Detention, Government of Maharashtra, Home Department. This order has been issued against the detenu in order to prevent him … COFEPOSA Act on several grounds. The first challenge of the detenu is to the jurisdiction of the Secretary, Preventive Detention, Government of Maharashtra, Home Department to issue the order of detention. According to the detenu the order of


Jun 19 1996

Mahindra D. Mathani Vs. C.D. Singh, Secretary to the Government of Mah ...

Court: Mumbai

Decided on: Jun-19-1996

Reported in: 1996(4)BomCR385

order of detention.5. Affidavits-in-Reply have been filed, firstly, by Shri C.D. Singh, Principal Secretary to Government of Maharashtra (Preventive Detention) Mantralaya, Mumbai, on 9th November, 1995 setting out the details of the various steps taken before passing the … must be drawn between the delay in making of an order of detention under a law relating to preventive detention like the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 and the delay in complying


Aug 29 1991

Mohamed Yusuf Haji Mohamed Khasim Vs. L. Hmingliana, Secretary, Preven ...

Court: Mumbai

Decided on: Aug-29-1991

Reported in: 1992(1)BomCR192

petitions under Article 226 of the Constitution of India have challenged the detention orders passed by the Secretary (Preventive Detention) to the Government of Maharashtra, Home Department and the Detaining Authority on March 30, 1991 detaining the said … Authority in its affidavit. Thus, according to the Home Secretary of the Government of Maharashtra incharge of the Preventive Detention, there was no delay in issuing detention orders. He admitted that the alleged incident took place on April


Sep 22 1993

Mohamed Javed Abdul Aziz Shaikh Vs. D.K. Jain, Principal Secretary (Pr ...

Court: Mumbai

Decided on: Sep-22-1993

Reported in: 1994(2)BomCR98; (1994)96BOMLR798

petitioner-detenu takes exception to the detention order dated October 23, 1992 passed against him by the Principal Secretary (Preventive Detention) to the Government of Maharashtra, Home Department and the detaining authority (first respondent) under sub-section (1) of section … 30-3-1992. In the meantime the case was submitted to the detaining authority i.e. Shri D.B.S. Sohal, then Secretary (Preventive Detention) on 13-3-1992 but before he could finalise and issue the order, he was transferred. On his post, Shri


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