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Search Results for "Externment order"

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High Court

Bombay High Court Holds Appellate Authority Under Section 60 of Bombay Police Act Has Power to Grant Interim Relief in Externment Appeals. The Full Bench clarifies that the power to stay or suspend an externment order pending appeal is inherent in the appellate jurisdiction, subject to recording reasons and considering prima facie case.

14 Jun 2016

The case involved two writ petitions challenging externment orders under the Bombay Police Act, 1951. The learned Single Judge referred the issue of w...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Record Subjective Satisfaction and Provide In-camera Statements. The court held that the Externing Authority must independently apply its mind and record subjective satisfaction, and that in-camera statements must be recorded and supplied to the externee.

2 Dec 2013

The petitioner, Manik Ramchandra Gupta, challenged an externment order passed by the Sub-Divisional Magistrate, Thane, under Section 59 of the Bombay ...

High Court

High Court of Karnataka Quashes Externment Order Against Petitioner in Police Act Case — Failure to Consider Less Restrictive Measures. Order under Section 55 of Karnataka Police Act, 1963 set aside as authority did not consider whether proceedings under Section 107 of CrPC would suffice.

21 Mar 2023

The petitioner, a resident of Kunigal Taluk, challenged an externment order dated 15-12-2022 passed by the Assistant Commissioner and Sub Divisional M...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Supply Documents and Provide Sufficient Time for Representation Violates Natural Justice.

21 Jan 2013

The petitioner, Mahavir Saremal Jain, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court chall...

High Court

High Court of Karnataka Quashes Externment Order Under Section 55 of Karnataka Police Act, 1963 for Lack of Material to Show Threat to Public Order. Single pending criminal case and rowdy sheet entry insufficient to justify externment from home district.

5 Apr 2024

The petitioner, Sachin M.R., a permanent resident of Mallahalli Village, Mysore District, challenged an externment order dated 20.03.2024 passed by th...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Reasonableness and Stale Offences. The order was found to infringe the fundamental right under Article 19(1)(d) as it relied on offences from 2013 and 2018 without a live link and general confidential statements, failing the test of reasonableness under Section 56(1)(a)(b).

28 Jan 2022

The dispute involved an appellant challenging an externment order passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, which directed...

Supreme Court

Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

25 Aug 2021

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Credible Evidence and Procedural Lapses. Externment Order Based on Acquitted Case and Confidential Statements Without Substantive Proof is Unsustainable Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

28 Jan 2022

The dispute arose from an externment order issued against the appellant under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him t...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Non-Compliance with Section 59 — Show-Cause Notice Not Served by Authorized Officer. The court held that the show-cause notice under Section 59 must be issued by an officer authorized by the State Government, and failure to do so vitiates the externment proceedings.

4 Jan 2012

The petitioner, Bharat Aaratmal Ramtara @ Kara, challenged an externment order dated 16th May 2011 passed by the Deputy Commissioner of Police, Zone-V...

High Court

Bombay High Court Quashes Externment Order Under Section 56(1)(b) of Bombay Police Act for Lack of Subjective Satisfaction and Excessive Territorial Extent. Petitioner Externed from Pune City and District for Two Years; Order Set Aside as Authority Failed to Record Witnesses' Unwillingness and Area of Externment Was Disproportionate.

4 Dec 2013

The petitioner, Imtiyaz Afzal Hussain Shaikh, challenged an externment order dated 22 April 2013 passed by the Deputy Commissioner of Police under Sec...

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