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Search Results for "externment order vitiated"

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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...

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 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 for Lack of Subjective Satisfaction Regarding Witnesses' Unwillingness to Testify Under Section 56 of Bombay Police Act, 1951. The court held that the externment order must record the authority's subjective satisfaction that witnesses are unwilling to come forward to depose out of fear; absence of such satisfaction is fatal and vitiates the order.

27 Aug 2012

The petitioner, Subhash Jethu Patil, challenged an externment order passed by the Appropriate Authority under Section 56(1)(a) and (b) of the Bombay 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 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 Under Section 56 of Bombay Police Act Due to Vague Allegations and Lack of Subjective Satisfaction. The court held that a show cause notice merely listing criminal cases without specific instances of public harm and absence of recorded subjective satisfaction renders the externment order invalid.

1 Feb 2013

The petitioner, Nitesh s/o Jiwan Jangle, a permanent resident of Wadi, Nagpur, challenged an externment order dated 10 September 2012 passed by the De...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 56(1)(b) of Bombay Police Act — Show Cause Notice Lacked Reference to In-Camera Statements. Failure to Record Gist of Witness Statements in Show Cause Notice Vitiated Externment Proceedings.

25 Apr 2017

The petitioner, Sanjay Balasaheb Ruptakke, challenged an externment order passed by the Sub-Divisional Magistrate, Shrirampur, confirmed by the Divisi...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Supply Copies of In-Camera Statements and Insufficient Notice Period Violate Natural Justice.

20 Apr 2011

The petitioner, Shivaji Baburao Ghadage, challenged an externment order dated 13th July 2010 passed by the Sub-Divisional Executive Magistrate, Karad,...

High Court

Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act — Failure to Record Witnesses' Fear of Deposing in Public. The court held that the Externing Authority must record satisfaction that witnesses are unwilling to depose in public due to fear, not merely that people are unwilling to depose.

23 Apr 2014

The petitioner, Amit Arjun Phale, challenged an externment order dated 4.10.2013 passed by the Deputy Commissioner of Police, Zone IV, Pune City, unde...

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