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Search Results for "section 59"

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High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Material and Non-Application of Mind. Failure to Consider In-Camera Statements and Inadequate Notice Renders Externment Invalid.

11 Aug 2016

The petitioner, Shafi & Saddam Shoukat Qureshi, challenged an externment order dated 21st January 2016 passed by the Deputy Commissioner of Police (Zo...

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...

High Court

Bombay High Court Quashes Externment Orders Under Section 56(1)(a)(b) Bombay Police Act for Incomplete Notice and Non-Application of Mind. Externment Based on Stale Crimes and Failure to Consider Petitioner's Reply Renders Orders Invalid.

21 Apr 2014

The petitioners, Satish Sagun Korgaonkar and Akbar Hussain Shafi Hussain, challenged externment orders passed by the Deputy Commissioner of Police und...

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...

High Court

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act, 1950 for Non-Compliance with Section 59 — Failure to Consider Less Drastic Measures and Provide Opportunity of Hearing. Externment Order Set Aside as Authority Did Not Comply with Mandatory Requirements of Section 59 of Bombay Police Act, 1950.

5 Oct 2012

The petitioner, Ashok @ Aau s/o Pitambar Choudhary, filed a Criminal Writ Petition under Articles 14, 21, 226, and 227 of the Constitution of India ch...

High Court

Bombay High Court Quashes Externment Order Under Bombay Police Act for Non-Compliance with Section 59 — Show-Cause Notice Not Served by Authorized Officer. The court held that the show-cause notice under Section 59 must be issued by an officer authorized by the State Government, and failure to do so vitiates the externment proceedings.

4 Jan 2012

The petitioner, Bharat Aaratmal Ramtara @ Kara, challenged an externment order dated 16th May 2011 passed by the Deputy Commissioner of Police, Zone-V...

High Court

Bombay High Court Remands Overtime Allowance Claim to Central Administrative Tribunal for Fresh Determination in Light of Legislative Change. The Court held that the Tribunal must reconsider the claim under Section 59 of the Factories Act, 1948, after considering the Factories (Amendment) Act, 1987.

31 Jan 2006

The Union of India, through the Secretary, Ministry of Finance, Department of Economic Affairs, and others, filed a writ petition challenging the judg...

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 Allows Petitions Challenging Externment Orders for Lack of Application of Mind and Non-Compliance with Section 59 of Bombay Police Act, 1951. Orders set aside as authorities failed to consider less drastic remedies and did not provide adequate opportunity of hearing.

30 Nov -0001

The judgment concerns three criminal writ petitions filed by individuals challenging externment orders passed against them under Section 56 of the Bom...

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