Search Results for "excessive area"

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Search Results for "excessive area"

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Supreme Court

Supreme Court Upholds High Court Decision on Public Parking Lot and FSI Computation in Mumbai Building Project. The Court held that construction of public parking lot above plinth level without valid commencement certificate was illegal, and remanded FSI computation issues for fresh consideration.

24 Oct 2019

The case involves a dispute over the construction of a residential building and a public parking lot (PPL) by Shree Ram Urban Infrastructure Ltd. (SRU...

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 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 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 Dismisses Petition Challenging Land Acquisition Notifications Under Act of 2013 for Rural Water Storage Tank — Multiplier of Two Not Applicable. Court holds that Section 26 read with First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not mandate multiplier of two for rural land acquisition as the land is not in an urban area.

9 Mar 2015

The petitioner, Panjabrao Borade, filed a writ petition challenging notifications dated 19.3.2014 and 13.8.2014 issued by the Deputy Secretary to the ...

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 Dismisses Challenge to 50% Women Reservation in BMC Elections — Amendment to Section 5A of BMC Act Upheld as Valid Policy Decision. Reservation for Women in Local Bodies Permissible Under Article 243T and Not Violative of Basic Structure.

30 Nov 2011

The petitioner, Kapoorchand Durgaprasad Gupta, filed a writ petition under Article 226 of the Constitution of India challenging the amendment to Secti...

High Court

Bombay High Court Allows Petitioner's Challenge to Excessive Externment Order Under Bombay Police Act — Externment Modified to Area of Activity. Externment Order Under Section 56(1)(a)(b) of Bombay Police Act, 1951 Quashed as Excessive Where Petitioner's Alleged Activities Were Confined to Cuffe Parade Police Station Jurisdiction, But Order Externed Him from Four Districts.

13 Nov 2006

The petitioner, Shri Silva @ Gora Silva Ayanar Arjun, challenged an externment order dated 26.6.2006 passed by the Deputy Commissioner of Police, Zone...

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...

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