Search Results for "Bombay Police Act 1951"

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

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Bombay High Court Quashes Externment Order Due to Inordinate Delay in Initiating Preventive Action. Externment Proceedings Under Section 56(1) of Bombay Police Act, 1951 Vitiated as Urgency Not Established; Gap of Over One Year Between Offences and Show Cause Notice Destroys Imminent Threat Requirement.

The petitioner, Saimudkhan son of Sardarkhan, challenged an externment order passed under Section 56(1) of the Bombay Police Act, 1951, by the Assista...

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Supreme Court Dismisses Respondent's Claim of Reduction in Rank, Holds Mere Reversion from Officiating Post Not Violative of Article 311(2) of the Constitution of India. The Court distinguished Vaikunthe's case, finding that reversion without permanent bar to promotion does not attract Article 311(2).

The case arose from the Southern Railway where the respondent, S. Raghavendrachar, was originally employed as a Train Examiner in the pay scale of Rs....

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Circumstantial Evidence and Unreliable Witnesses. Conviction under Section 302 r/w 120B IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case involves two criminal appeals filed by Moreshwar Hanskar and Sewaklal Yede, original accused nos. 1 and 3, challenging their conviction under...

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Bombay High Court Quashes Criminal Proceedings in Trust Dispute — Allegations of Forgery and Cheating Found to Be Civil in Nature. Dispute Over Office-Bearers of Public Trust Does Not Attract Criminal Liability Under Sections 465, 467, 468, 471, 420, 406, 409, 120-B IPC Without Clear Evidence of Fraud.

The applicants, who were office-bearers of a public trust registered under the Maharashtra Public Trusts Act, 1951, filed a criminal application under...

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Bombay High Court Acquits Accused in Dacoity Preparation Case Due to Uncorroborated Police Testimony. Conviction under Sections 399, 402 IPC and Section 135 Bombay Police Act Set Aside as Prosecution Failed to Prove Preparation for Dacoity Beyond Reasonable Doubt.

The appellants, Suresh Ramaswamy Iyer, Salim Abdul Kadar, and Ajaykumar Anil Shrivastav, were convicted by the Additional Sessions Judge, Greater Bomb...

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Bombay High Court Quashes Trial Court's Deletion of Defendants and Tenancy Issue in Suit Between Rival Tenants. Civil Court Has Jurisdiction Over Injunction Suit Between Tenants; Tenancy Issue Not Arising Unless Disputed by Landlord.

The dispute pertained to a piece of land bearing Survey No. 308/1 in Mandrem Village, Goa. The petitioner, Lawrence Jose Fernandes, claimed to be a te...

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Bombay High Court Quashes Externment Order Due to Non-Compliance with Statutory Time Limits Under Maharashtra Police Act, 1951. Appellate Authority's Failure to Hear Appeal Within Time Despite Court Directions Renders Externment Unsustainable.

The petitioner, Vinayak Dynaneshwar Mainkar, a contractor from Miraj, Sangli, was served with two show cause notices dated 22nd April 2012 and 17th Oc...