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Search Results for "Externment"

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High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Material Showing Engagement in Offences Involving Force or Violence. The court held that mere registration of offences not involving force or violence cannot sustain an externment order under Section 56(1)(b) of the Maharashtra Police Act, 1951.

14 Nov 2017

The petitioner, Akash Madhukar Patil, challenged an externment order dated 20.01.2017 passed by the Sub-Divisional Magistrate, Bhusawal under Section ...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Lack of Material to Show Prejudicial Activity. Externment order set aside as the notice and proceedings failed to disclose any specific instances of danger to public order or safety under Section 56 of the Maharashtra Police Act, 1951.

25 Oct 2016

The petitioner, Anna s/o Bhimrao Dhavale, challenged an externment order dated 16.06.2016 passed by the Divisional Commissioner, Nashik Division, in E...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act — Failure to Record Witnesses' Fear of Deposing in Public. The court held that the Externing Authority must record satisfaction that witnesses are unwilling to depose in public due to fear, not merely that people are unwilling to depose.

23 Apr 2014

The petitioner, Amit Arjun Phale, challenged an externment order dated 4.10.2013 passed by the Deputy Commissioner of Police, Zone IV, Pune City, unde...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Reliance on Acquittals and Non-Cognizable Complaints. Externment Order Under Section 56(1)(a)(b) of Bombay Police Act, 1951 Set Aside as Authorities Overlooked Acquittals, Summary Reports, and Bail Orders, and Considered Irrelevant Factors.

19 Oct 2013

The petitioner, Pramod alias Khandya Darashivkar, challenged an externment order passed under Section 56(1)(a)(b) of the Bombay Police Act, 1951, exte...

High Court

Bombay High Court Quashes Externment Order in Bombay Police Act Case Due to Mechanical Appellate Review. Appellate Authority's Failure to Apply Independent Mind Violates Personal Liberty Under Section 60 of Bombay Police Act, 1951.

1 Oct 2013

The petitioner, Shri Kishore Baliram Balu, challenged an appellate order passed under Section 60 of the Bombay Police Act, 1951, which confirmed his e...

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...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Lack of Proximate Material. Externment order set aside as the material relied upon was insufficient and not proximate to the purpose of preventing future crimes under Section 56(1)(a) and (b) of the Bombay Police Act, 1951.

23 Aug 2013

The petitioner, Zahoor Ismail Fakie, challenged an externment order passed by the Deputy Commissioner of Police, Zone-I, Thane on 18th February 2013, ...

High Court

Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act Due to Vague Allegations and Lack of Subjective Satisfaction. The court held that a show cause notice merely listing criminal cases without specific instances of public harm and absence of recorded subjective satisfaction renders the externment order invalid.

1 Feb 2013

The petitioner, Nitesh s/o Jiwan Jangle, a permanent resident of Wadi, Nagpur, challenged an externment order dated 10 September 2012 passed by the De...

High Court

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act, 1950 for Non-Compliance with Section 59 — Failure to Consider Less Drastic Measures and Provide Opportunity of Hearing. Externment Order Set Aside as Authority Did Not Comply with Mandatory Requirements of Section 59 of Bombay Police Act, 1950.

5 Oct 2012

The petitioner, Ashok @ Aau s/o Pitambar Choudhary, filed a Criminal Writ Petition under Articles 14, 21, 226, and 227 of the Constitution of India ch...

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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