Search Results for "Externment"

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Search Results for "Externment"

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High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Continuous Activity. Single FIR for Offences Under Indian Penal Code Not Sufficient to Invoke Section 56(1)(bb) of Maharashtra Police Act, 1951.

20 Feb 2019

The petitioner, Aamna Bi Shiekh Pir Mohd Sheikh, challenged an externment order passed by the Deputy Commissioner of Police, Zone 3, Nagpur, under Sec...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of 'Public Order' Impact — Definition of 'Dangerous Weapon' Held Unconstitutionally Vague. The court held that mere possession of a weapon without evidence of public disturbance cannot justify preventive detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

11 Oct 2017

The petitioner, Iqbal Munnaf Sayyed, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA) by an orde...

High Court

Bombay High Court Quashes Externment Order for Non-Disclosure of In-Camera Statements in Show Cause Notice — Violation of Principles of Natural Justice under Maharashtra Police Act. The Court held that failure to disclose substance of in-camera statements in show cause notice vitiates externment order as it deprives noticee of opportunity to meet the case.

25 Sep 2017

The petitioner, Sayyed Jafar Sayyed Nasir, challenged an externment order dated 23.6.2016 passed by the Deputy Commissioner of Police, Amravati City, ...

High Court

High Court of Karnataka Quashes Externment Order Under Karnataka Police Act for Violation of Natural Justice. District Magistrate Failed to Provide Show Cause Notice and Personal Hearing Before Ordering Externment Under Section 55(A)(B) of Karnataka Police Act, 1963.

27 Feb 2017

The petitioner, Shri Jayanth, challenged an externment order dated 31.08.2016 passed by the Deputy Commissioner/District Magistrate, Uttara Kannada, K...

High Court

Bombay High Court Directs Appellate Authority to Decide Stay Application in Externment Case Under Bombay Police Act. Failure to decide stay application amounts to unfair procedure, and the externment order is stayed until the stay application is decided on merits.

21 Dec 2013

The petitioner, Gorakh Gajabapu Karande, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, A...

High Court

Bombay High Court Quashes Externment Order for Violation of Natural Justice — Show Cause Notice Lacks Material Particulars. The court held that failure to disclose dates and locations of alleged incidents in the show cause notice and in-camera statements under Section 56 of the Bombay Police Act, 1951 vitiates the externment proceedings.

4 Jul 2013

The petitioner, Sunil Mani Shetty, challenged an externment order dated 16th December 2012 passed by the Deputy Commissioner of Police, Zone-VII, Mumb...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Non-Disclosure of Dates of In-Camera Statements. Non-disclosure of dates of in-camera statements causes prejudice to the petitioner's defence, rendering the externment order unsustainable under Section 57(1)(a)(i) of the Bombay Police Act, 1951.

4 Jul 2013

The petitioner, Karan Ramesh Ghuge, challenged an externment order dated 24th December 2012 passed by the Deputy Commissioner of Police, Nashik, under...

High Court

Bombay High Court Quashes Detention Order Under Prevention of Black Marketing Act Due to Non-Application of Mind and Lack of Subjective Satisfaction. Court also directs inquiry into custodial violence allegations and awards compensation of Rs. 5,00,000 for violation of fundamental rights.

17 Oct 2006

The petitioner, Bhaurao s/o Punjabrao Gawande, a businessman dealing in transportation of petroleum products, challenged his detention order dated 27....

High Court

Bombay High Court Allows Petitions Challenging Externment Orders for Lack of Material and Non-Compliance with Natural Justice. Externment orders under Section 56 of Bombay Police Act, 1951 quashed as based on insufficient material and without supplying documents.

30 Nov -0001

The judgment concerns multiple criminal writ petitions filed by individuals challenging externment orders passed against them under Section 56 of the ...

High Court

Bombay High Court Allows Petitions Challenging Externment Orders for Lack of Application of Mind and Non-Compliance with Section 59 of Bombay Police Act, 1951. Orders set aside as authorities failed to consider less drastic remedies and did not provide adequate opportunity of hearing.

30 Nov -0001

The judgment concerns three criminal writ petitions filed by individuals challenging externment orders passed against them under Section 56 of the Bom...

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