Search Results for "breach of peace"

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Search Results for "breach of peace"

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High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

15 Jun 2026

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

High Court

Bombay High Court Quashes Sub-Divisional Magistrate's Order Under Section 145 CrPC in Property Dispute — Subsequent Sale Agreement Renders Proceedings Infructuous. The court held that once parties entered into a sale agreement after the preliminary order, the dispute ceased to exist and the Magistrate could not pass a final order for restoration of possession.

31 Jul 2019

The petitioner, Santumal Assudomal Gogia, filed a criminal writ petition challenging an order passed by the Sub-Divisional Magistrate, Ulhasnagar Divi...

High Court

Bombay High Court at Goa Allows Furlough to Life Convict in Rape Case Despite Police Objection — Emphasizes Right to Furlough as a Reformative Tool. The court held that a prisoner who has never availed furlough or parole is entitled to furlough unless there is material evidence of likely breach of peace or absconding, and mere police apprehension is insufficient.

25 Apr 2017

The petitioner, Basuraj Kattimani, was a life convict serving sentence at Central Jail Colvale, Goa, for an offence punishable under Section 376 IPC (...

High Court

High Court of Bombay at Goa Allows Furlough to Convict Despite Adverse Police Report — Furlough Cannot Be Denied on Grounds of Possibility of Breach of Peace or Absconding Without Concrete Evidence. The Court quashed the order refusing furlough and directed release for 21 days, noting that previous furlough was availed without incident.

27 Feb 2017

The petitioner, Rajasaab Mujawar, a convict serving sentence at Central Jail Colvale, Goa, filed a Criminal Writ Petition challenging the order dated ...

High Court

Bombay High Court Quashes Preventive Proceedings in Water Tap Dispute — No Breach of Peace Found. Proceedings under Sections 107, 116(3), 151 CrPC initiated based on trivial quarrel without material showing likelihood of breach of peace or public tranquility.

25 Nov 2011

The petitioners, Sau. Shilpa Aade, Ashwin Aade, and Manish Potpose, filed a criminal writ petition before the Bombay High Court at Nagpur seeking quas...

High Court

Bombay High Court Quashes Chapter Proceedings Against Social Workers for Lack of Material — Notices Under Sections 110(e)(g) and 111 CrPC Set Aside as Based on Stale and Acquitted Cases Without Proximate Connection to Public Order

22 Jun 2011

The petitioners, Dinesh Vitthal Patil and Bharat Vitthal Patil, were social workers and members of a political party residing in Malegaon, Nashik. The...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Subjective Satisfaction. Failure to Record That Witnesses Are Unwilling to Come Forward Renders Externment Order Invalid and Without Jurisdiction.

11 Mar 2011

The petitioner, Shaikh Dayan Shaikh Lukman, was externed by the Sub-Divisional Magistrate, Buldana, by order dated 21st September 2010 from several di...

High Court

Bombay High Court Upholds Validity of Section 145 CrPC Proceedings in Multi-Party Disputes and Successive Orders. The court held that Section 145 CrPC applies to disputes involving more than two parties and that successive orders are permissible if fresh material shows a new apprehension of breach of peace.

25 Nov 2010

The case involves a group of writ petitions and intervention applications challenging the validity of proceedings under Section 145 of the Code of Cri...

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