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Search Results for "in-camera witness"

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High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Non-Compliance with Section 59 — Failure to Record Subjective Satisfaction and Provide In-camera Statements. The court held that externment orders must strictly comply with procedural safeguards under Section 59 of the Maharashtra Police Act, 1951, including recording of in-camera statements and providing opportunity of hearing.

21 Sep 2023

The petitioner, Hussain alias Bantu Mohd. Bashir, challenged an externment order dated 31.01.2023 passed by the Deputy Commissioner of Police, Zone No...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Furnishing of Vital Documents. Failure to provide injury certificates of all injured persons in a solitary incident vitiates subjective satisfaction of detaining authority.

15 Nov 2022

The petitioner, Monty Bahadur Karotiya, challenged his detention order dated 02.02.2022 passed by the Commissioner of Police, Thane City under Section...

High Court

Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind — Failure to Consider Grant of Bail and Inadequate Material to Establish 'Habitual' Bootlegger

28 Jul 2021

The petitioner, Kashinath Motiram Chavan, challenged a detention order dated 23 March 2021 passed by the Commissioner of Police, Solapur, under Sectio...

Supreme Court

Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

26 Jul 2019

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

High Court

Bombay High Court Confirms Death Sentence for Rape and Murder of Minor Tribal Girl under POCSO Act and IPC. Circumstantial evidence including DNA, last seen, and medical evidence established guilt beyond reasonable doubt.

26 Oct 2018

The case pertains to the brutal rape and murder of a 10-year-old tribal girl, Ku. S, on 15-08-2015 at the newly constructed hostel building of Adivasi...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detenu in Custody Without Imminent Release Possibility. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Detenu's Judicial Custody and Imminent Bail Possibility Under Section 3(2) of MPDA Act.

6 Jul 2018

The petitioner, Ankush Vaman Pawar, a resident of Pune, was detained at Yerawada Central Prison pursuant to an order dated 12 March 2018 passed by the...

High Court

Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind. Preventive Detention Invalid as Detaining Authority Failed to Consider Detenu's Bail Status in Pending Criminal Cases.

3 May 2018

The petitioner, Kiran Dhanraj Kharat, challenged a detention order dated 13 December 2017 issued by the Commissioner of Police, Pune, under the Mahara...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

18 Jan 2018

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

High Court

Bombay High Court Quashes Externment Order Due to Inordinate Delay and Non-Application of Mind — Maharashtra Police Act, 1951, Section 56. Externment order set aside as stale offences, acquittals ignored, and stereotype witness statements violated principles of natural justice.

12 Oct 2017

The petitioner, Kishor Rambhaoji Narad, challenged an externment order passed by the Sub-Divisional Magistrate, Warora, under Section 56 of the Mahara...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 Mumbai Police Act — Show Cause Notice Not Served by Externing Authority. Show cause notice under Section 59 must be issued by the Externing Authority himself; notice issued by ACP, a subordinate officer, renders the externment order invalid.

8 Apr 2011

The petitioner, Mohd. Najib Mohd. Aslam @ Sheru Kashmiri, challenged an externment order dated 20.09.2010 passed by the Deputy Commissioner of Police,...

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