Constitutional Law with Article 22(5)

Supreme Court quashes detention order due to non-supply of documents and delayed representation: Jaseela Shaji vs. Union of India (2024)

/ Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), Constitutional Law, Constitutional Law with Article 22(5), Fundamental Rights, Preventive Detention Law

Supreme Court quashes detention order due to non-supply of documents and delayed representation: Jaseela Shaji vs. Union of India (2024) LEGAL ISSUE: Whether non-supply of relied upon documents and delay in considering the representation of a detenu vitiates a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). […]

Supreme Court quashes detention order due to non-supply of documents and delayed representation: Jaseela Shaji vs. Union of India (2024) Read Post »

Supreme Court Quashes Detention Order Due to Illegible Documents and Upholds Rights of Detainees: Pramod Singla vs. Union of India (2023)

/ COFEPOSA Act, 1974, COFEPOSA Act, 1974 with Section 3, Constitutional Law, Constitutional Law with Article 22(5), Fundamental Rights, Judges, Krishna Murari, V. Ramasubramanian

Supreme Court Quashes Detention Order Due to Illegible Documents and Upholds Rights of Detainees: Pramod Singla vs. Union of India (2023) LEGAL ISSUE: Whether a detention order can be quashed due to the supply of illegible documents to the detainee and whether the central government is bound to wait for the decision of the advisory

Supreme Court Quashes Detention Order Due to Illegible Documents and Upholds Rights of Detainees: Pramod Singla vs. Union of India (2023) Read Post »

Supreme Court quashes detention order for illegible documents in preventive detention case: State of Manipur vs. Buyamayum Abdul Hanan (2022)

/ Ajay Rastogi, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 22(5), Criminal Law, Detention Order, Fundamental Rights, Judges, Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Preventive Detention

Supreme Court quashes detention order for illegible documents in preventive detention case LEGAL ISSUE: Whether the supply of illegible documents to a detenu violates their fundamental right to make an effective representation under Article 22(5) of the Constitution of India. CASE TYPE: Criminal (Preventive Detention) Case Name: The State of Manipur & Ors. vs. Buyamayum

Supreme Court quashes detention order for illegible documents in preventive detention case: State of Manipur vs. Buyamayum Abdul Hanan (2022) Read Post »

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019)

/ COFEPOSA Act, 1974, COFEPOSA Act, 1974 with Section 13, COFEPOSA Act, 1974 with Section 5-A, Constitutional Law, Constitutional Law with Article 22(5), Customs Act, 1962, Customs Act, 1962 with Section 104, Customs Act, 1962 with Section 108, Fundamental Rights, Indira Banerjee, Judges, M.R. Shah, Preventive Detention, Uday Umesh Lalit

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019) LEGAL ISSUE: Whether a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) is valid when the detenu is already in judicial custody. CASE TYPE: Criminal (Preventive Detention) Case Name: Union of

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019) Read Post »

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019)

/ A.S. Bopanna, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with Section 3, Constitutional Law, Constitutional Law with Article 22(5), Fundamental Rights, Judges, Preventive Detention, R. Banumathi

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019) LEGAL ISSUE: Whether the relied upon documents must be served simultaneously with the detention order and grounds of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). CASE TYPE: Preventive Detention Law

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019) Read Post »

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