Search Results for "in-camera witnesses"

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Search Results for "in-camera witnesses"

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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 for Non-Supply of Vital Documents — Failure to Furnish In-Camera Statements and Documents Violates Article 22(5) of Constitution and Section 8 of MPDA Act.

31 Jan 2018

The petitioner, Hanuman Rajaram Mhatre, was detained under an order dated 6th September 2017 passed by the Commissioner of Police, Thane, under Sectio...

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 Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Inadequate Verification of In-camera Statements. The court held that the detaining authority's subjective satisfaction was vitiated as it did not consider the detenu's bail status and the in-camera statements were not properly verified, violating Section 3(2) of the MPDA Act.

18 Jan 2017

The petitioner, Viki Baban Galte, challenged a preventive detention order passed on 26 April 2016 by the Commissioner of Police, Pune, under Section 3...

High Court

Bombay High Court Quashes Externment Order for Lack of Subjective Satisfaction and Non-Application of Mind by Authority. Externment under Maharashtra Police Act, 1951 Section 56(1)(b) set aside as the order was passed mechanically without considering the petitioner's explanation and without proper application of mind to the material on record.

19 Dec 2016

The petitioner, Bapu alias Suhas Sopan Davange, filed a Criminal Writ Petition before the Bombay High Court challenging the externment order dated 8th...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Less Restrictive Measures. Preventive Detention Order Set Aside as Detaining Authority Did Not Consider Whether Bail Conditions Could Adequately Prevent Petitioner's Dangerous Activities.

19 Dec 2016

The petitioner, Deepak Suryawanshi, challenged a preventive detention order dated 11 July 2016 passed by the Commissioner of Police, Pune, under Secti...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

10 Oct 2016

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

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 Preventive Detention Order Under MPDA Act for Detenu Already in Judicial Custody — Failure to Consider Less Drastic Remedy Renders Detention Invalid. The court held that a preventive detention order cannot be sustained when the detenu is already in custody and the detaining authority fails to consider the possibility of resorting to less drastic remedies such as cancellation of bail.

4 Apr 2016

The petitioner, Sagar Prakash Bhosale, challenged a preventive detention order dated 1 June 2015 passed by the Commissioner of Police, Solapur, under ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders and Inadequate Verification of In-Camera Statements. Preventive Detention Invalid as Detaining Authority Did Not Consider Bail Orders and In-Camera Statements Were Not Properly Verified Under Section 3 of MPDA Act, 1981.

30 Sep 2015

The petitioner, Abhishek Pradip Tarkase, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offende...

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