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Search Results for "externment order quashed"

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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 Under Maharashtra Police Act for Lack of Subjective Satisfaction. Failure to Record That Witnesses Are Unwilling to Come Forward Renders Externment Order Invalid and Without Jurisdiction.

11 Mar 2011

The petitioner, Shaikh Dayan Shaikh Lukman, was externed by the Sub-Divisional Magistrate, Buldana, by order dated 21st September 2010 from several di...

High Court

Bombay High Court Quashes Externment Order for Non-Disclosure of In-Camera Statements in Show Cause Notice — Violation of Principles of Natural Justice under Maharashtra Police Act. The Court held that failure to disclose substance of in-camera statements in show cause notice vitiates externment order as it deprives noticee of opportunity to meet the case.

25 Sep 2017

The petitioner, Sayyed Jafar Sayyed Nasir, challenged an externment order dated 23.6.2016 passed by the Deputy Commissioner of Police, Amravati City, ...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act — Show Cause Notice Must Specify Grounds and Provide Opportunity to Cross-Examine Witnesses. Failure to comply with mandatory procedural requirements under Section 59 of the Bombay Police Act, 1951 renders the externment order invalid.

5 Apr 2005

The petitioner, Gafoor Dastagir Shiekh, challenged an externment order passed by the Deputy Commissioner of Police, Zone-VIII, dated January 28, 2004,...

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

Bombay High Court Quashes Externment Order Under Bombay Police Act for Non-Disclosure of Dates of In-Camera Statements. Non-disclosure of dates of in-camera statements causes prejudice to the petitioner's defence, rendering the externment order unsustainable under Section 57(1)(a)(i) of the Bombay Police Act, 1951.

4 Jul 2013

The petitioner, Karan Ramesh Ghuge, challenged an externment order dated 24th December 2012 passed by the Deputy Commissioner of Police, Nashik, under...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case Due to Non-Application of Mind. Petitioner's Acquittal in One Crime Not Considered, In-Camera Statements Defective.

13 Mar 2023

The petitioner, Ashish Makeshwar, challenged an externment order passed by the Deputy Commissioner of Police, Amravati, under Section 56(1)(a)&(b) of ...

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 Externment Order in Maharashtra Police Act Case — Lack of Material to Show Threat to Public Order. Externment under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 set aside as crimes relied upon were pending trial and in-camera statements did not indicate that petitioner's movements were causing alarm or danger to public order.

1 Mar 2023

The petitioner, Sheikh Munnu Sheikh Salim, challenged an externment order dated 12.07.2021 passed by the Deputy Commissioner of Police, Amravati, unde...

High Court

Bombay High Court Quashes Externment Order Due to Vagueness and Procedural Lapses under Maharashtra Police Act, 1951. The court held that failure to specify the period of externment and reliance on material not in the show cause notice vitiated the order.

23 Aug 2013

The petitioner, Nadeem Hanif Khan @ Nadeem Chada, challenged an externment order passed by the Deputy Commissioner of Police, Zone-VIII, Mumbai on 31s...

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