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Search Results for "externment order"

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High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Live Link Between Conviction and Likely Future Offences. Single conviction under Section 324 IPC insufficient to justify externment under Section 57(1)(a)(i) of Maharashtra Police Act, 1951 without material showing tendency to commit similar offences.

10 May 2024

The petitioner challenged an externment order passed under Section 57(1)(a)(i) of the Maharashtra Police Act, 1951, externing him from Mumbai City, Mu...

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 Petitioner in Maharashtra Police Act Case — Order Based on Non-Existent Grounds and Mechanical Confirmation. Externment order under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as the Sub-Divisional Magistrate failed to apply independent mind and the appellate authority confirmed without proper application of mind.

4 Aug 2017

The petitioner, Nikhil Suresh Rajput (Patil), filed a Criminal Writ Petition before the Bombay High Court challenging an externment order passed by th...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Order Based on Vague Allegations and Non-Application of Mind. Externment Order Under Section 56(1)(b) of Maharashtra Police Act, 1951 Set Aside as Show Cause Notice Did Not Specify Incidents and Authorities Failed to Consider Less Restrictive Measures.

27 Jul 2017

The petitioner, Aslam s/o Shabbir Shaikh @ Bunty Jahagirdar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the ...

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 Excessive Externment Order in Bombay Police Act Case — Externment from Three Districts Held Disproportionate When Activities Confined to One Area. The court held that without recording subjective satisfaction or reasons, an externment order cannot extend beyond the area of alleged prejudicial activities under Sections 56 and 59 of the Bombay Police Act, 1951.

14 Jul 2015

The petitioner, Ashraf Shamsher Ali Jagirdar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Cou...

High Court

Bombay High Court Partly Allows Application to Quash Excessive Externment Order Under Bombay Police Act — Externment from Five Districts Reduced to One District as Alleged Activities Were Confined to a Single Area. The court held that an externment order must be proportionate to the area of alleged prejudicial activities, and without recording subjective satisfaction, externment from multiple districts is excessive under Sections 56 and 59 of the Bombay Police Act, 1951.

7 Jan 2015

The applicant, Syed Noman Hussaini Kausar, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, before the Bombay High...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 56 of Maharashtra Police Act, 1951 — In-Camera Statements Not Recorded as Required. Failure to Record In-Camera Statements and Lack of Material in Show-Cause Notice Regarding Witnesses' Fear Renders Externment Order Invalid.

21 Dec 2013

The petitioner, Bilal Gulam Rasul Patel, challenged an externment order dated 15th April, 2013 passed by the Sub-Divisional Magistrate, Thane, externi...

High Court

Bombay High Court Quashes Externment Orders for Lack of Material and Non-Compliance with Procedural Safeguards under Maharashtra Police Act, 1951. Show cause notices lacked specific instances, violating the right to represent.

4 Sep 2013

The judgment concerns two criminal writ petitions challenging externment orders passed under Section 56 of the Maharashtra Police Act, 1951. The petit...

High Court

Bombay High Court Quashes Externment Order for Defective Show Cause Notice Under Section 59 Bombay Police Act, 1951. Show Cause Notice Failed to Specify Particulars of Offences and Witnesses, Violating Natural Justice.

15 Jan 2013

The petitioner, Hanuman Rajaram Mhatre, a resident of Dombivli, Thane, challenged the externment order passed by the Deputy Commissioner of Police, Zo...

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