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Search Results for "externment order quashed"

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High Court

Bombay High Court Partly Allows Application to Quash Excessive Externment Order Under Bombay Police Act — Externment from Five Districts Reduced to One District as Alleged Activities Were Confined to a Single Area. The court held that an externment order must be proportionate to the area of alleged prejudicial activities, and without recording subjective satisfaction, externment from multiple districts is excessive under Sections 56 and 59 of the Bombay Police Act, 1951.

7 Jan 2015

The applicant, Syed Noman Hussaini Kausar, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, before the Bombay High...

High Court

Bombay High Court Quashes Externment Order Against Labourer in Maharashtra Police Act Case — Procedural Violation of Section 56(b) as Sub-Divisional Officer Failed to Record Subjective Satisfaction on Likely Injury or Danger. Externment Order Set Aside Because Authority Did Not Record Finding That Petitioner Was Likely to Cause Injury, Danger, or Harm to Public Under Section 56(b) of Maharashtra Police Act, 1951.

2 Feb 2017

The petitioner, Zumbar s/o Goroba Kadam, a 68-year-old labourer from Alani, Osmanabad, filed a Criminal Writ Petition before the Bombay High Court at ...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Supply Documents and Provide Sufficient Time for Representation Violates Natural Justice.

21 Jan 2013

The petitioner, Mahavir Saremal Jain, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court chall...

High Court

Bombay High Court Quashes Externment Order for Vagueness and Non-Application of Mind Under Section 56(1) Bombay Police Act, 1951. The court held that the externment order was invalid as the notice did not specify the nature of harmful activities and the authority failed to consider less drastic remedies.

11 May 2012

The petitioner, Shahid Mohammedali Bepari, challenged an externment order dated 11.4.2011 passed by the Sub Divisional Magistrate, Miraj, under Sectio...

High Court

Bombay High Court Quashes Externment Order in Bombay Police Act Case — Failure to Consider Explanation and Lack of Material. Sub-Divisional Magistrate's Order Externed Petitioner from Three Districts Without Proper Application of Mind Under Section 56 of Bombay Police Act, 1951.

19 Jul 2010

The petitioner, Vijay Aabarao Raje, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aurang...

High Court

Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act for Lack of Subjective Satisfaction. Externment Order Set Aside as Authority Failed to Consider Less Drastic Remedies and Appellate Order Lacked Independent Application of Mind.

26 Aug 2013

The petitioner, Rameshkumar @ Ramu Singh Thakur, challenged an externment order passed by the Sub Divisional Magistrate, Warora on 15th September 2012...

High Court

Bombay High Court Quashes Externment Order Under Section 56(1)(a) of Bombay Police Act, 1951 for Lack of Live Link and Reliance on Acquittals. Court holds that acquittals cannot be used to support externment and Chapter VIII CrPC proceedings are irrelevant.

19 Oct 2013

The petitioner, Vicky Balasaheb Jhaveri, challenged an externment order dated 17th April 2013 and the appellate order dated 4th July 2013, by which he...

Supreme Court

Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Credible Evidence and Procedural Lapses. Externment Order Based on Acquitted Case and Confidential Statements Without Substantive Proof is Unsustainable Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

28 Jan 2022

The dispute arose from an externment order issued against the appellant under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him t...

High Court

Bombay High Court Quashes Externment Order Under Section 56(1)(b) of Bombay Police Act for Lack of Subjective Satisfaction and Excessive Territorial Extent. Petitioner Externed from Pune City and District for Two Years; Order Set Aside as Authority Failed to Record Witnesses' Unwillingness and Area of Externment Was Disproportionate.

4 Dec 2013

The petitioner, Imtiyaz Afzal Hussain Shaikh, challenged an externment order dated 22 April 2013 passed by the Deputy Commissioner of Police under Sec...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Non-Compliance with Section 56(1)(a)(b) and Failure to Consider Acquittal. The court held that the show cause notice and externment order must explicitly state that the activities caused alarm, danger or harm to person or property, and that the authority must consider acquittal in one of the cases.

9 Sep 2014

The petitioner, Sohan s/o Vijay Lalbegi, filed a Criminal Writ Petition challenging an externment order passed by the Sub-Divisional Magistrate, Ahmed...

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