Search Results for "externment order vitiated"

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Search Results for "externment order vitiated"

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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 Upholds Externment Orders Under Section 56(1)(a) and (b) of Maharashtra Police Act, 1951 — Emphasizes Need for Application of Mind and Compliance with Audi Alteram Partem. Court Holds That Externment Orders Must Be Based on Subjective Satisfaction of the Authority and Not Be Excessive or Arbitrary.

8 Feb 2019

The judgment arises from three criminal writ petitions challenging externment orders passed by the Deputy Commissioner of Police, Nagpur, under Sectio...

High Court

Bombay High Court Quashes Externment Order for Violation of Natural Justice - Failure to Supply Documents and Grant Adequate Hearing. The court held that the authority must supply copies of documents relied upon and grant reasonable opportunity, and failure to do so vitiates the externment order under Section 56(b) of the Maharashtra Police Act, 1951.

15 Sep 2020

The petitioner, Aniuddin Shamsuddin Solanki, filed a criminal writ petition challenging an externment order dated 31/7/2020 passed by the Sub Division...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act, 1951 for Want of Reasons and Procedural Defects. Failure to Assign Reasons for Externment from Adjoining Districts and Non-Mention of In-Camera Statements in Show Cause Notice Render Order Illegal.

23 Jan 2017

The petitioner challenged an externment order passed by the Sub-Divisional Magistrate under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, w...

High Court

Bombay High Court Quashes Externment Order in Political Rivalry Case — Lack of Material to Show Petitioner as 'Dangerous Person' Under Maharashtra Police Act, 1951. Externment Order Set Aside as Based on Vague Allegations and Not on Objective Material.

9 Feb 2017

The petitioner, Nitin Kakade, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging an externment order d...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Maharashtra Police Act — Failure to Consider Sub-Divisional Magistrate's Recommendation Renders Proceedings Invalid. The court held that the recommendation of the Sub-Divisional Magistrate to drop proceedings was binding on the Divisional Commissioner, and the issuance of a fresh show cause notice without considering it vitiated the externment order.

11 Aug 2021

The petitioner, Mr. Ravindra Sudam Adhikari, was served with a notice under Section 59 of the Maharashtra Police Act by the Sub-Divisional Magistrate ...

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 Detention Order Under MPDA Act for Non-Consideration of Vital Documents. Detaining Authority's Subjective Satisfaction Vitiated Due to Failure to Place Exhibits Before It.

14 Jun 2005

The petitioner, brother of the detenu Rashid Ahmed Siddique, filed a writ petition under Article 226 of the Constitution before the Bombay High Court ...

High Court

Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

8 Feb 2019

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Petitioner as Habitual Offender. Externment Order Set Aside as In-Camera Statements Were Vague and Crimes Were Not Sufficient to Conclude Petitioner Was a Habitual Offender Under Section 56 of Maharashtra Police Act, 1951.

7 Dec 2022

The petitioner, Shubham Kodwate, challenged the externment order dated 24.02.2022 passed by the Deputy Commissioner of Police, Zone-I, Nagpur City, un...

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