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Search Results for "Excessive externment"

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High Court

Bombay High Court Partly Allows Externment Challenge in Bombay Police Act Case — Externment from Two Districts Reduced to One Due to Lack of Subjective Satisfaction. Petitioner's Prejudicial Activities Confined to Jalna, Yet Externed from Aurangabad Also, Violates Section 56 of Bombay Police Act, 1951.

9 Mar 2015

The petitioner, Ravindra @ Ravi S/o Harisingh Jadhav, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay ...

High Court

Bombay High Court Quashes Externment Order in Bombay Police Act Case — Excessive Geographical Extent and Duration Without Justification. Order externs petitioner from four districts for two years based on crimes in two police station limits; held arbitrary and unsustainable under Section 56(1)(a) and (b) of Bombay Police Act, 1951.

19 Oct 2013

The petitioner, Krishna @ Gotia Bajarang Chikne, challenged an externment order passed by the Deputy Commissioner of Police, Zone VI, Mumbai, under Se...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Lack of Material to Show Petitioner as a Dangerous Person. The court held that mere registration of criminal cases and in-camera statements without evidence of public harm cannot sustain an externment order under Section 56(a)(b) of the Bombay Police Act, 1951.

20 Jun 2005

The petitioner, Naresh Hiralal Rathod, challenged an externment order passed under Section 56(a)(b) of the Bombay Police Act, 1951, by the Deputy Comm...

High Court

Bombay High Court Quashes Excessive Externment Order Under Bombay Police Act — Externment from Five Districts Held Disproportionate to Localized Alleged Activities. Court held that externment order under Sections 56 and 59 of Bombay Police Act, 1951, must be proportionate to the area of alleged prejudicial activities.

7 Jan 2015

The applicant, Mohd. Ashfaq Shaikh Ismail, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of an...

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 Against Woman in Maharashtra Police Act Case — Procedural Violations and Lack of Evidence Render Externment Invalid. Failure to Provide Show Cause Notice and Consider Less Restrictive Measures Under Section 56 of the Maharashtra Police Act, 1951 Leads to Setting Aside of Externment Order.

27 Apr 2017

The petitioner, Shanno @ Shamali Jafar Pathan, a 32-year-old woman agriculturist from Bhikanwada, Pathardi, Ahmednagar, challenged the externment orde...

High Court

Bombay High Court Quashes Externment Order Under Section 56(1)(a) of Bombay Police Act, 1951 for Lack of Live Link and Reliance on Acquittals. Court holds that acquittals cannot be used to support externment and Chapter VIII CrPC proceedings are irrelevant.

19 Oct 2013

The petitioner, Vicky Balasaheb Jhaveri, challenged an externment order dated 17th April 2013 and the appellate order dated 4th July 2013, by which he...

High Court

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.

31 Mar 2011

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

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Less Restrictive Measures. Externment Order Under Section 56(1)(b) of Maharashtra Police Act, 1951 Set Aside as Authorities Did Not Consider Whether Lesser Restrictions Would Suffice.

22 Nov 2017

The petitioner, Abasaheb Balasaheb Warkhade, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad challenging an externment order...

High Court

Bombay High Court Quashes Externment Order Due to Invalid Show Cause Notice — Show Cause Notice Under Section 59 Mumbai Police Act Must Be Issued by Externing Authority or Duly Authorized Officer; Notice Issued by Assistant Commissioner Without Authorization Renders Externment Proceedings Void.

6 Apr 2011

The petitioner, Shri Perumal Arsan Madrasi, challenged an externment order dated 07.09.2010 passed by the Deputy Commissioner of Police, Zone-IV, Ulha...

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