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Search Results for "unwilling witnesses"

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High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case Due to Lack of Subjective Satisfaction and Live Link. Court holds that externment order under Section 56 of Maharashtra Police Act, 1951 must be based on objective material, show cause notice must disclose unwillingness of witnesses, and there must be proximity between crimes and initiation of proceedings.

2 Sep 2024

The petitioner, Deepak Kailas Aglave, challenged the externment order dated 19.03.2024 passed by the Sub Divisional Magistrate, Parbhani, and the appe...

High Court

High Court of Karnataka Considers Appeal Challenging Conviction Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988. Accused Surveyor Had Been Found Guilty of Demanding and Accepting Bribe for Conducting Land Survey.

28 Jun 2024

This criminal appeal was preferred by a Second Division Surveyor against his conviction under the Prevention of Corruption Act, 1988, by the trial cou...

High Court

Bombay High Court Quashes Detention Order Under MPD Act for Non-Application of Mind and Lack of Public Order Disturbance. Detenu's Preventive Detention as Dangerous Person Set Aside as In-Camera Statements Were Not Properly Considered and Bail/Notice Under Section 41-A CrPC Were Ignored.

21 Apr 2023

The petitioner, Atahar Khan Amir Khan, a detenu, challenged the detention order dated 29.08.2022 passed by the Collector and District Magistrate, Akol...

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

High Court of Judicature at Bombay Hears Criminal Appeal from Conviction of Assistant Police Inspector and Police Naik Under Prevention of Corruption Act. Allegations Involved Multiple Demands of Bribe to Favour Accused in Matrimonial FIR Under Sections 7, 12, and 13(1)(d) read with 13(2) of the P.C. Act, 1988.

15 Jun 2018

The appeal arises from the conviction of two police officers, an Assistant Police Inspector and a Police Naik, under the Prevention of Corruption Act,...

High Court

High Court of Karnataka Hears Appeal Against Conviction Under Prevention of Corruption Act for Alleged Bribery. Accused Program Executive Convicted Under Sections 7 and 13(2) r/w 13(1)(d) for Demanding and Accepting Bribe of Rs.20,000.

28 Nov 2014

The appeal before the High Court of Karnataka arose from the conviction of the appellant, a former Program Executive at Doordarshan Kendra, Bangalore,...

High Court

Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act Due to Vague Allegations and Lack of Subjective Satisfaction. The court held that a show cause notice merely listing criminal cases without specific instances of public harm and absence of recorded subjective satisfaction renders the externment order invalid.

1 Feb 2013

The petitioner, Nitesh s/o Jiwan Jangle, a permanent resident of Wadi, Nagpur, challenged an externment order dated 10 September 2012 passed by the De...

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, ...

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