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Search Results for "Externment order"

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High Court

Bombay High Court Upholds Externment Orders Under Section 56(1)(a) and (b) of Maharashtra Police Act, 1951 — Emphasizes Need for Application of Mind and Compliance with Audi Alteram Partem. Court Holds That Externment Orders Must Be Based on Subjective Satisfaction of the Authority and Not Be Excessive or Arbitrary.

8 Feb 2019

The judgment arises from three criminal writ petitions challenging externment orders passed by the Deputy Commissioner of Police, Nagpur, under Sectio...

High Court

Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

8 Feb 2019

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

High Court

Bombay High Court Quashes Externment Orders for Lack of Subjective Satisfaction and Non-Compliance with Maharashtra Police Act. Externment Orders Under Section 56 of Maharashtra Police Act, 1951 Set Aside as Show Cause Notices Were Vague and Authority Failed to Record Satisfaction Regarding Witnesses' Unwillingness.

22 Nov 2019

The petitioners, Limbaji @ Vijay s/o Govind Ghobale and Hari @ Haridas (Haribhau) s/o Limbaji @ Ghobale, filed separate criminal writ petitions challe...

High Court

Bombay High Court Allows Petitions Challenging Externment Orders for Lack of Material and Non-Compliance with Natural Justice. Orders under Section 56 of the Maharashtra Police Act, 1951 quashed as subjective satisfaction of authority was not based on credible material and procedural safeguards were violated.

21 Dec 2016

The Bombay High Court at Nagpur Bench heard a batch of criminal writ petitions challenging externment orders passed under Section 56 of the Maharashtr...

High Court

Bombay High Court Quashes Externment Order Against Social Activist for Lack of Material and Non-Compliance with Section 59 of Bombay Police Act. The court held that a single FIR and vague allegations are insufficient to justify externment under Section 59 of the Bombay Police Act, 1951.

27 Jun 2019

The petitioner, Prashant Mahadeorao Bodakhe, a 28-year-old student and social activist working for tribal rights, challenged an externment order passe...

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 Order Against Zilla Parishad Member for Lack of Material and Non-Compliance with Section 56 of Maharashtra Police Act, 1951. The court held that the show cause notice was vague and did not contain specific details of incidents, and the appellate authority failed to consider the grounds raised in appeal.

10 Jun 2019

The petitioner, Dnyaneshwar Sopan Gite, a resident of Andrud, Tahsil Bhoom, District Osmanabad, and a member of the Zilla Parishad, challenged an exte...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

10 Oct 2016

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

High Court

Bombay High Court Quashes Externment Orders Under Section 56(1)(a)(b) Bombay Police Act for Incomplete Notice and Non-Application of Mind. Externment Based on Stale Crimes and Failure to Consider Petitioner's Reply Renders Orders Invalid.

21 Apr 2014

The petitioners, Satish Sagun Korgaonkar and Akbar Hussain Shafi Hussain, challenged externment orders passed by the Deputy Commissioner of Police und...

High Court

Bombay High Court Quashes Externment Order in Political Rivalry Case — Lack of Material to Show Petitioner as 'Dangerous Person' Under Maharashtra Police Act, 1951. Externment Order Set Aside as Based on Vague Allegations and Not on Objective Material.

9 Feb 2017

The petitioner, Nitin Kakade, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging an externment order d...

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