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Search Results for "witnesses unwilling"

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High Court

Bombay High Court Upholds Conviction in CBI Trap Case — Demand and Acceptance of Bribe Proved Beyond Reasonable Doubt. Accused Public Servant's Conviction Under Prevention of Corruption Act, 1988 Restored as Trial Court's Acquittal Based on Minor Contradictions Was Perverse.

17 Dec 2025

The case pertains to a criminal appeal filed by the Central Bureau of Investigation (CBI) against the acquittal of the respondent-accused, Shriram Mar...

High Court

High Court Quashes Police Notice Under Section 41(1)(a) Cr.P.C. for Lack of Reasonable Suspicion — Journalist's Right to Liberty Protected. The court held that a notice to appear before police must be based on recorded reasons and cannot be issued arbitrarily.

19 Jul 2024

The petitioner, a senior journalist, challenged a notice dated 06-06-2024 issued by the Sub-Inspector of Police, Amruthalli Police Station, under Sect...

High Court

High Court of Karnataka Allows Plaintiff to Cross-Examine Hostile Witnesses Called by Defendant in Money Suit — Section 154 of the Indian Evidence Act, 1872. The trial court's order treating DWs 3 and 4 as hostile and permitting the defendant to cross-examine them was set aside as premature and prejudicial to the plaintiff.

16 Oct 2019

The petitioner, Rajiv Vijaysarathy Rathnam, is the plaintiff in a money suit (O.S.No.1305/2013) pending before the XLI Addl. City Civil Judge, Bengalu...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition Challenging Trial Court's Order Permitting Cross-Examination of Hostile Witnesses in Money Suit. The court held that Section 154 of the Indian Evidence Act, 1872, allows the court to permit cross-examination of a witness by the party who called him if the witness appears hostile, and such discretion is not limited to witnesses called by the opposite party.

16 Oct 2019

The petitioner, Rajiv Vijaysarathy Rathnam, is the plaintiff in a money suit (O.S.No.1305/2013) pending before the XLI Addl. City Civil Judge, Bengalu...

High Court

Bombay High Court Allows Petitions to Quash Externment Orders in Gangakhed Cases — Orders Set Aside for Non-Compliance with Section 56(1)(b) of Maharashtra Police Act, 1951. The court held that failure to record satisfaction that witnesses are unwilling to depose against the petitioners due to fear of violence renders the externment order invalid.

7 Oct 2019

The judgment concerns four criminal writ petitions filed by Satish Limbaji Ghobale, Shubham @ Dada Dayayand Ghobale, Govind @ Jaypal Limbaji Ghobale, ...

High Court

Bombay High Court Quashes Externment Order for Lack of Material and Non-Compliance with Section 59 of Bombay Police Act, 1951. The externment order was set aside as the show-cause notice did not specify the area of externment and the in-camera statements lacked particulars.

21 Jun 2016

The petitioner, Imran Abdul Wahid Hasmi, challenged an externment order dated 30 December 2014 passed by the Deputy Commissioner of Police under Secti...

High Court

Bombay High Court Quashes Externment Order for Lack of Witness Unwillingness in Show Cause Notice Under Maharashtra Police Act. Show cause notice must state witnesses are unwilling to depose in public; externment from larger area without justification is arbitrary.

23 Aug 2013

The petitioner, Mohd. Jalaluddin Mohd. Amin Khan @ Jalal, challenged an externment order dated 7th January 2013 passed by the Deputy Commissioner of P...

High Court

Bombay High Court Quashes Externment Order for Lack of Subjective Satisfaction Regarding Witnesses' Unwillingness to Testify Under Section 56 of Bombay Police Act, 1951. The court held that the externment order must record the authority's subjective satisfaction that witnesses are unwilling to come forward to depose out of fear; absence of such satisfaction is fatal and vitiates the order.

27 Aug 2012

The petitioner, Subhash Jethu Patil, challenged an externment order passed by the Appropriate Authority under Section 56(1)(a) and (b) of the Bombay P...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Lack of Compelling Necessity for Preventive Detention. The court held that the detaining authority must consider the detenu's bail status and demonstrate a compelling necessity for preventive detention over ordinary law.

30 Jun 2011

The petitioner, wife of the detenu Firoz Khan alias Aabu, challenged a detention order dated 31.12.2010 passed by the Commissioner of Police, Nagpur, ...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Bombay Police Act Case — Failure to Consider Less Drastic Measures. Externment Order Under Section 56(1)(a)(b) of Bombay Police Act, 1951 Set Aside as Authority Did Not Record Satisfaction That Witnesses Were Unwilling to Come Forward and Less Drastic Remedies Were Inadequate.

8 Apr 2011

The petitioner, Kishore Chandrakant Mhatre, challenged an externment order dated 29.08.2009 passed by the Deputy Commissioner of Police, Zone-II, Panv...

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