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High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal in Tax Case — Charter Hire Charges Not Excessive Under Section 40A(2)(a) of Income Tax Act. Concurrent findings of fact that charges were based on Barge Owners Association rates upheld.

11 Apr 2017

The case involves two tax appeals filed by the Commissioner of Income Tax against M/s. Goa Minerals Pvt. Ltd. under Section 260A of the Income Tax Act...

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 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 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 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 Partly Allows Externment Challenge in Bombay Police Act Case — Externment from Two Districts Reduced to One Due to Lack of Subjective Satisfaction. Petitioner's Prejudicial Activities Confined to Jalna, Yet Externed from Aurangabad Also, Violates Section 56 of Bombay Police Act, 1951.

9 Mar 2015

The petitioner, Ravindra @ Ravi S/o Harisingh Jadhav, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay ...

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 Order Against Pan Stall Owner Due to Non-Application of Mind and Lack of Evidence of Harmful Activities. Externment under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as the authority failed to consider acquittals and the petitioner's livelihood.

9 Jul 2015

The petitioner, Dinesh Prakash Sonar, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging an externment order p...

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 Petitioner in Maharashtra Police Act Case — Order Based on Non-Existent Grounds and Mechanical Confirmation. Externment order under Section 56(1)(b) of Maharashtra Police Act, 1951 set aside as the Sub-Divisional Magistrate failed to apply independent mind and the appellate authority confirmed without proper application of mind.

4 Aug 2017

The petitioner, Nikhil Suresh Rajput (Patil), filed a Criminal Writ Petition before the Bombay High Court challenging an externment order passed by th...

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