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Articles for Detenue, search results for authority

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
4 months, 1 week ago

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue. The court also highlighted the necessity of the Detaining Authority to ensure that the grounds of detention are communicated in a …

Language Court Detention Order Right Grounds Petitioner
Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order
1 year, 4 months ago

Those Responsible For National Security Sole Judges Of What Preventive Actions Are Necessary: Jammu & Kashmir High Court Upholds Detention Order

Live Law  

The Jammu and Kashmir High Court recently emphasised on its limited scope to look into the manner in which the subjective satisfaction is arrived at by the detaining authority to order preventive detention of a person. The Petitioner in the instant case was taken into preventive custody in terms of the order of detention issued under Section 8 of the …

Detention Order Case Preventive Detention Authority Preventive Detaining
Preventive detention only in the rarest of rare cases: HC
1 year, 5 months ago

Preventive detention only in the rarest of rare cases: HC

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court, comprising Justice K. Lakshman and Justice P. Sree Sudha, set aside a preventive detention order based on a solitary crime out of grudge and animosity. GST Act vires challenged: The two-judge bench of the Telangana High Court admitted a writ plea seeking for declaring provisions of the Goods and Services Tax …

Justice Public Order Court Detention Bank Order Telangana
HC Dismisses Habitual Offender's Plea
1 year, 5 months ago

HC Dismisses Habitual Offender's Plea

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court on Wednesday upheld the preventive detention of Salman Khan, who was detained under the Goondas Act for five crimes under sections of cheating, criminal intimidation and Pocso Act. HC stays disciplinary proceedings against cop Justice P. Madhavi Devi of the Telangana High Court on Wednesday stayed a departmental inquiry against a …

Justice Disciplinary Proceedings Arbitration Public Order Court Detention Order
Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage
1 year, 8 months ago

Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage

Live Law  

The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else. It said “The respondents 2 and 3 are directed to consider the representations of the petitioners and release the detenue/Anand …

Prison Court Release Kar Parole Petition Detenue
[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court
2 years, 1 month ago

[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in absence of the material supporting the allegations or specifying details of such incident, it cannot be held that some activities are prejudicial to the maintenance of peace, public order and tranquility and that too when there is not any whisper in the record substantiating these vague allegations. The …

Public Order Detention Order Public Bench Material Passing
Person Arrested Under UAPA Has Bleak Chances Of Bail, Detaining Authority Must Show Compelling Reasons For His Preventive Detention: J&K&L High Court
2 years, 4 months ago

Person Arrested Under UAPA Has Bleak Chances Of Bail, Detaining Authority Must Show Compelling Reasons For His Preventive Detention: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that preventive detention orders can be passed even when a person is in police custody. The petitioner had challenged the impugned order of detention on the ground that at the time when the impugned order of detention was passed, he was already in custody in connection with FIR for offences …

Record Activities Court Detention Order Fir Reasons
"Preventive Detention Shall Not Be Decided In Slipshod Manner":Gujarat HC Issues Guidelines For State, Detaining Authority [Read Order]
4 years, 2 months ago

"Preventive Detention Shall Not Be Decided In Slipshod Manner":Gujarat HC Issues Guidelines For State, Detaining Authority [Read Order]

Live Law  

The division bench further iterated that the concerned government pleader appearing for the State also as an Officer of the Court owes a duty to assist the Court in the right manner and in the right direction. The detaining authority should also communicate the grounds of detention comprising of the basic facts, and the relied upon materials, in their entirety …

Government Court Detention Materials Preventive Detention State Grounds
'If Detenue Was In Custody, It Wouldn't Have Been Possible For Him To Indulge In Stone Pelting' J&K HC Quashes A Detention Order Passed 'In A Mechanical Manner' [Read Order]
4 years, 2 months ago

'If Detenue Was In Custody, It Wouldn't Have Been Possible For Him To Indulge In Stone Pelting' J&K HC Quashes A Detention Order Passed 'In A Mechanical Manner' [Read Order]

Live Law  

While hearing a petition wherein the Detaining Authority had ordered to place a Detenue under preventive detention, the Jammu and Kashmir High Court on Tuesday noted that it was clear from the dossier as well as the grounds of detention that at the time of passing of the impugned order, the detenue was in custody. This goes on to strengthen …

Court Detention Preventive Detention Srinagar Passing Grounds Authority
Detaining Authorities Must Be Given Proper Training About Requirements Of Law In Passing Detention Order: J&K HC Releases Man Allegedly Detained As Lashkar-e-Taiba Worker [Read Order]
4 years, 2 months ago

Detaining Authorities Must Be Given Proper Training About Requirements Of Law In Passing Detention Order: J&K HC Releases Man Allegedly Detained As Lashkar-e-Taiba Worker [Read Order]

Live Law  

While quashing a Detention order passed by respondent No. 2 under the provisions of Public Safety Act, 1978, the Jammu and Kashmir High Court on Monday remarked, "We are at pains to observe that in routine this Court comes across the cases in which the detention orders issued on the grounds of threat to the security and integrity of State …

Law English Court Detention Order Fir Passing
[PASA Act] Not Wearing Mask And Entering Into Altercation With The Police Personnel Not A Sufficient Ground To Detain Petitioner As A 'Dangerous Person': Gujarat HC [Read Order]
4 years, 3 months ago

[PASA Act] Not Wearing Mask And Entering Into Altercation With The Police Personnel Not A Sufficient Ground To Detain Petitioner As A 'Dangerous Person': Gujarat HC [Read Order]

Live Law  

The Gujarat High Court on Friday set aside an order of detention passed under the 'Gujarat Prevention of Anti-Social Activities Act, 1985', holding that just because the petitioner was not wearing the mask and when stopped by the police personnel, got furious and entered into an altercation with the police personnel, cannot bring the case of the detenue within the …

Public Order Court Gujarat Fir Act Person Pasa