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Search Results for "externment order quashed"

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High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Failure to Consider Less Restrictive Measures. Sub-Divisional Magistrate's externment order set aside for non-application of mind and lack of material to show that externment was the only remedy under Section 56(a) and (b) of the Maharashtra Police Act, 1951.

18 Mar 2021

The petitioner, Deepak Vasant Gahane, challenged an externment order passed by the Sub-Divisional Magistrate, Arjuni Morgaon, dated 11.01.2021, which ...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Non-Compliance with Section 59 — Show-Cause Notice Not Served by Authorized Officer. The court held that the show-cause notice under Section 59 must be issued by an officer authorized by the State Government, and failure to do so vitiates the externment proceedings.

4 Jan 2012

The petitioner, Bharat Aaratmal Ramtara @ Kara, challenged an externment order dated 16th May 2011 passed by the Deputy Commissioner of Police, Zone-V...

High Court

Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act Due to Lack of Satisfaction Regarding Public Harm. Failure to Record That Petitioner's Activities Caused Alarm or Danger to Person or Property Renders Externment Order Invalid.

9 Sep 2014

The petitioner, Krishna Vijay Lalbegi, challenged an externment order passed by the Sub-Divisional Magistrate, Ahmednagar, under Section 56 of the Bom...

High Court

Bombay High Court Quashes Externment Order Under Section 56(1)(bb) of Maharashtra Police Act for Misapplication of Provision — Petitioner Externed for Two Years Based on Offences Under IPC and Prohibition Act, Not for Acts Prejudicial to Public Order or Essential Supplies

23 Aug 2017

The petitioner, Vijay @ Tyson s/o Namdeorao Dongre, challenged an externment order dated 17.4.2017 passed by the Deputy Commissioner of Police, Nagpur...

High Court

Bombay High Court Quashes Externment Order Against Pan Stall Owner Due to Non-Application of Mind and Lack of Evidence of Harmful Activities. Externment under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as the authority failed to consider acquittals and the petitioner's livelihood.

9 Jul 2015

The petitioner, Dinesh Prakash Sonar, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging an externment order p...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case for Lack of Recorded Subjective Satisfaction Regarding Witness Fear. Failure to Demonstrate Live Link Between Offences and Externment Area Renders Order Invalid Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

19 Jan 2017

In a criminal writ petition before the Bombay High Court, the petitioner challenged an externment order passed by the Sub-Divisional Police Officer an...

High Court

Bombay High Court Quashes Externment Orders for Violation of Natural Justice and Lack of Material Particulars in Show Cause Notices under Bombay Police Act, 1951. Show cause notices must contain date, month, time and place of alleged incidents; externment orders cannot rely on extraneous material not mentioned in the notice.

22 Sep 2005

The Bombay High Court decided three criminal writ petitions challenging externment orders passed under the Bombay Police Act, 1951. The petitioners we...

High Court

Bombay High Court Quashes Externment Orders Under Section 56(b) of Bombay Police Act, 1951 for Non-Compliance with Procedural Safeguards. Orders set aside as show cause notices failed to specify the period of proposed externment and the authority did not consider less drastic alternatives.

1 Dec 2015

The Bombay High Court at Nagpur Bench heard three criminal writ petitions challenging externment orders passed under Section 56(b) of the Bombay Polic...

High Court

Bombay High Court Quashes Externment Order Against Woman for Lack of Subjective Satisfaction and Non-Compliance with Section 59 of Maharashtra Police Act, 1951. The court held that externment orders cannot be based on vague allegations and must be supported by proper application of mind.

29 Apr 2014

The petitioner, Smt. Smita Suryakant Ashtekar @ Smita Deepak Kumbhare, a 35-year-old social worker from Ahmednagar, challenged an externment order pas...

High Court

Bombay High Court Quashes Externment Order for Lack of Proximity and Non-Consideration of Relevant Material — Externment Under Section 56(1)(a)(b) of Bombay Police Act, 1951 Set Aside. The court held that externment based on stale cases and without considering a High Court interim order and an acquittal is unsustainable.

24 Sep 2013

The petitioner, wife of Naresh Singh Thakur, challenged an externment order dated 18th June 2013 passed by the Deputy Commissioner of Police (Responde...

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