Search Results for "disproportionate externment"

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Search Results for "disproportionate externment"

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High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Live Link Between Conviction and Likely Future Offences. Single conviction under Section 324 IPC insufficient to justify externment under Section 57(1)(a)(i) of Maharashtra Police Act, 1951 without material showing tendency to commit similar offences.

10 May 2024

The petitioner challenged an externment order passed under Section 57(1)(a)(i) of the Maharashtra Police Act, 1951, externing him from Mumbai City, Mu...

High Court

High Court of Karnataka Quashes Externment Order Against Petitioner in Police Act Case — Failure to Consider Less Restrictive Measures. Order under Section 55 of Karnataka Police Act, 1963 set aside as authority did not consider whether proceedings under Section 107 of CrPC would suffice.

21 Mar 2023

The petitioner, a resident of Kunigal Taluk, challenged an externment order dated 15-12-2022 passed by the Assistant Commissioner and Sub Divisional M...

High Court

Bombay High Court Quashes Externment Order Against Petitioners for Lack of Material and Non-Compliance with Procedural Safeguards Under Maharashtra Police Act, 1951. The court held that the externment order was not based on credible material and the show cause notice was defective, violating principles of natural justice.

9 Sep 2020

The petitioners, Bhagwat Dadasaheb Landge and Sagar Nivrutti Lute, challenged their externment from District Ahmednagar for two years under Section 56...

High Court

Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act, 1951 for Non-Compliance with Mandatory Notice Requirements. The Court held that the notice under Section 59 must contain sufficient details to enable effective representation, and the subjective satisfaction must be based on cogent material showing necessity to prevent future offences.

22 Jun 2018

The petitioner, Yasin Khan Masum Khan Multani, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad challenging an externment ord...

High Court

Bombay High Court Quashes Excessive Externment Order in Bombay Police Act Case — Externment from Three Districts Held Disproportionate When Activities Confined to One Area. The court held that without recording subjective satisfaction or reasons, an externment order cannot extend beyond the area of alleged prejudicial activities under Sections 56 and 59 of the Bombay Police Act, 1951.

14 Jul 2015

The petitioner, Ashraf Shamsher Ali Jagirdar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Cou...

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 Excessive Externment Order Under Bombay Police Act — Externment from Five Districts Held Disproportionate to Localized Alleged Activities. Court held that externment order under Sections 56 and 59 of Bombay Police Act, 1951, must be proportionate to the area of alleged prejudicial activities.

7 Jan 2015

The applicant, Mohd. Ashfaq Shaikh Ismail, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of an...

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 for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Record Subjective Satisfaction and Provide In-camera Statements. The court held that the Externing Authority must independently apply its mind and record subjective satisfaction, and that in-camera statements must be recorded and supplied to the externee.

2 Dec 2013

The petitioner, Manik Ramchandra Gupta, challenged an externment order passed by the Sub-Divisional Magistrate, Thane, under Section 59 of the Bombay ...

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...

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