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Search Results for "in-camera witness"

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High Court

Bombay High Court Quashes Externment Order Against Social Activist for Lack of Material and Non-Compliance with Section 59 of Bombay Police Act. The court held that a single FIR and vague allegations are insufficient to justify externment under Section 59 of the Bombay Police Act, 1951.

27 Jun 2019

The petitioner, Prashant Mahadeorao Bodakhe, a 28-year-old student and social activist working for tribal rights, challenged an externment order passe...

High Court

Bombay High Court Quashes Externment Order Against Zilla Parishad Member for Lack of Material and Non-Compliance with Section 56 of Maharashtra Police Act, 1951. The court held that the show cause notice was vague and did not contain specific details of incidents, and the appellate authority failed to consider the grounds raised in appeal.

10 Jun 2019

The petitioner, Dnyaneshwar Sopan Gite, a resident of Andrud, Tahsil Bhoom, District Osmanabad, and a member of the Zilla Parishad, challenged an exte...

High Court

Bombay High Court Quashes Externment Order Against Businessman for Lack of Independent Witness Verification and Non-Application of Mind. Externment under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as subjective satisfaction was based on hearsay and unverified police reports without examining independent witnesses.

12 Apr 2018

The petitioner, Kamalkishor s/o Pusaram Bang, a businessman aged 57 from Jalna, filed a Criminal Writ Petition challenging the externment order dated ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Detaining Authority Failed to Consider Grant of Bail in Similar Cases. Preventive Detention Order Set Aside as Subjective Satisfaction Was Not Based on Relevant Material Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

28 Mar 2018

The petitioner, Rohit Kesrinath Patil @ Dappu, challenged a detention order dated 6th January 2018 issued under Section 3 of the Maharashtra Preventio...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Inadequate Material to Show Public Order Threat. The court held that the detaining authority must consider the detenu's custody and bail prospects, and that isolated incidents do not justify preventive detention for public order.

6 Feb 2017

The petitioner, Pramod @ Laba Bhalchandra Ingle, challenged a preventive detention order passed on 30 July 2016 by the Commissioner of Police, Solapur...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Material to Show Public Order Threat. Single Criminal Case and In-Camera Witness Statements Insufficient to Justify Detention as 'Dangerous Person' Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

6 Oct 2016

The petitioner, Dashrath Madhukar Kasabe, challenged a preventive detention order dated 3 May 2016 passed by the Commissioner of Police, Solapur, unde...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity.

12 Jul 2016

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.1...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Inordinate Delay in Considering Representation — Right to Make Effective Representation Violated Under Article 22(5) of Constitution. The court held that the failure to consider the detenu's representation expeditiously renders the continued detention illegal, emphasizing the constitutional safeguard under Article 22(5) of the Constitution of India.

30 Jul 2014

The petitioner, Ashish Robert Felix, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

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 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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