Search Results for "stale grounds"

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Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act, 1951 Due to Vague Material and Excessive Externment. Court Held That Externment Based on Stale and Minor Offences Without Live Link Is Unsustainable.

The petitioner, Sheikh Hussain @ Sheikh Lakhan Sheikh Ibrahim, a tea stall owner from Chandkha Plot, Akola, challenged an externment order passed by t...

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Bombay High Court Quashes Externment Order Due to Inordinate Delay and Non-Application of Mind — Maharashtra Police Act, 1951, Section 56. Externment order set aside as stale offences, acquittals ignored, and stereotype witness statements violated principles of natural justice.

The petitioner, Kishor Rambhaoji Narad, challenged an externment order passed by the Sub-Divisional Magistrate, Warora, under Section 56 of the Mahara...

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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

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

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Bombay High Court Quashes Externment Order for Non-Application of Mind and Lack of Material — Petitioner Externed Under Section 57(a)(i) of Bombay Police Act, 1951 Without Proper Consideration of In-Camera Statements and Old Convictions.

The petitioner, Mohammed Alam Ibrahim Shaikh @ Aalu, challenged an externment order passed by the Deputy Commissioner of Police, Thane, under Section ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

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Bombay High Court Quashes Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 Due to Non-Application of Mind and Stale Grounds. Delay of Three Months in Passing Order Without Explanation Renders Detention Invalid.

The petitioner, Santosh @ Dankya Subhash Gaikwad, challenged an order of detention passed against him on 17.11.2004 by the Commissioner of Police, Pun...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Communication of Representation to Advisory Board. Failure to Forward Detenu's Representation to Advisory Board Violates Article 22(5) of Constitution and Section 10 of MPDA Act.

The petitioner, Rupesh Ram Thakur, challenged an order of detention dated 17 October 2017 passed under Section 3 of the Maharashtra Prevention of Dang...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...