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Search Results for "externment area"

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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...

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 in Maharashtra Police Act Case Due to Non-Application of Mind. Petitioner's Acquittal in One Crime Not Considered, In-Camera Statements Defective.

13 Mar 2023

The petitioner, Ashish Makeshwar, challenged an externment order passed by the Deputy Commissioner of Police, Amravati, under Section 56(1)(a)&(b) of ...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Petitioner as Habitual Offender. Externment Order Set Aside as In-Camera Statements Were Vague and Crimes Were Not Sufficient to Conclude Petitioner Was a Habitual Offender Under Section 56 of Maharashtra Police Act, 1951.

7 Dec 2022

The petitioner, Shubham Kodwate, challenged the externment order dated 24.02.2022 passed by the Deputy Commissioner of Police, Zone-I, Nagpur City, un...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Application of Mind. Externment order under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as the Deputy Commissioner of Police failed to independently consider in-camera statements and relied solely on the proposal.

10 Jan 2020

The petitioner, Rahul alias Pintu alias Kalu S/o Laxman Nikose, challenged an externment order dated 16.03.2019 passed by the Deputy Commissioner of P...

High Court

Bombay High Court Quashes Externment Order in Political Rivalry Case — Lack of Material to Show Petitioner as 'Dangerous Person' Under Maharashtra Police Act, 1951. Externment Order Set Aside as Based on Vague Allegations and Not on Objective Material.

9 Feb 2017

The petitioner, Nitin Kakade, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging an externment order d...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

10 Oct 2016

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

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

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...

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