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Search Results for "Externment"

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High Court

Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Less Restrictive Measures. Externment Order Set Aside as Sub-Divisional Magistrate Did Not Record Satisfaction That Other Measures Were Inadequate Under Section 56 of Maharashtra Police Act, 1951.

15 Nov 2017

The petitioner, Satish S/o Bhimrao Dolse, filed a Criminal Writ Petition before the Bombay High Court challenging an externment order dated 2nd August...

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 Against Petitioner in Maharashtra Police Act Case — Failure to Provide Notice and Hearing Violates Natural Justice. Externment Order Set Aside as Authorities Did Not Comply with Section 56 of the Maharashtra Police Act, 1951 Requiring Show-Cause Notice and Opportunity of Hearing.

2 Feb 2017

The petitioner, Sopan Satappa Kore, filed a Criminal Writ Petition before the Bombay High Court challenging an externment order dated 28/12/2016 passe...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Non-Application of Mind. Externment Order Set Aside as Authority Failed to Consider Acquittal in Most Cases and Non-Filing of Charge Sheet in Others.

11 Mar 2015

The petitioner, Iqbaluddin Ziauddin Pirzade, challenged an externment order dated 19.01.2015 passed by the Sub-Divisional Magistrate, Jalgaon, under S...

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 Under Bombay Police Act for Mismatch Between Section Invoked and Material Considered. The court held that an externment order under Section 56(1)(b) must be based on material satisfying the requirements of that section, and using material under Section 56(1)(a) vitiates the order.

19 Oct 2013

The petitioner, Ganesh Balasaheb Changle, was served with a show-cause notice under Section 56(1)(b) of the Bombay Police Act, 1951 on 29th March 2013...

High Court

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act for Lack of Cogent Material to Show Likelihood of Repeat Offence. The court held that mere conviction is insufficient; the authority must have reason to believe based on objective material that the person is likely to commit a similar offence again.

24 Sep 2013

The petitioner, Mohammed Zaman Hidayatulla Khan @ Sonu Pathan, challenged an externment order dated 30 March 2013 passed by the Deputy Commissioner of...

High Court

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act, 1950 for Non-Application of Mind. Court holds that mere registration of criminal cases without evidence of continuous harmful activity does not justify externment.

5 Oct 2012

The petitioner, Anil Chabildas Choudhary, an active member of the Rashtravadi Congress Party (NCP) in Bhusawal Municipal Council, challenged the exter...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act — Show Cause Notice Not Served in Manner Prescribed by Law. Failure to Serve Notice as Per Section 59 of Bombay Police Act, 1951 Renders Externment Order Under Section 56 Invalid.

3 Aug 2011

The petitioner, Radhakisan Waman Patol, a resident of Wadgaon (Kolhati), Aurangabad, filed a criminal writ petition under Article 227 of the Constitut...

High Court

Bombay High Court Quashes Externment Orders Against Petitioners in Maharashtra Police Act Case — Orders Set Aside for Violation of Principles of Natural Justice and Lack of Material. Externment Orders Under Section 56 of Maharashtra Police Act, 1951 Quashed as Based on Vague Allegations and Without Proper Hearing.

30 Nov -0001

The petitioners, eleven individuals from Karad and Sangli, challenged externment orders passed by the Divisional Commissioner, Pune, under Section 56 ...

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