Search Results for "stale crimes"

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Supreme Court Quashes Preventive Detention Order in Telangana Offenders Act Case — Lack of Proximate Link Between Past Crimes and Public Order Disturbance. Single Pending Murder Case Insufficient to Justify 'Goonda' Detention When Bail Already Granted and No Charge-Sheet Filed.

The Supreme Court allowed the appeal and quashed the preventive detention order against Khaja Bilal Ahmed, who was detained under the Telangana Preven...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Accused Failed to Prove Defence That Cheque Was Issued for Different Transaction and Cash Paid.

The complainant, Stanley Barros Pereira, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the accused, Julieta Cot...

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Bombay High Court Quashes Externment Order Due to Inordinate Delay and Non-Application of Mind — Maharashtra Police Act, 1951, Section 56. Externment order set aside as stale offences, acquittals ignored, and stereotype witness statements violated principles of natural justice.

The petitioner, Kishor Rambhaoji Narad, challenged an externment order passed by the Sub-Divisional Magistrate, Warora, under Section 56 of the Mahara...

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Bombay High Court Quashes Externment Order Under Section 56 of Bombay Police Act Due to Reliance on Stale and Acquitted Cases. The court held that externment orders cannot be based on proceedings where the person was acquitted or on stale cases from 1990-1998.

The petitioner, Shankar Singh Thakur, challenged an externment order passed by the Sub Divisional Magistrate, Warora on 15th September 2012, externing...

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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.

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

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Bombay High Court Quashes Chapter Proceedings Against Social Workers for Lack of Material — Notices Under Sections 110(e)(g) and 111 CrPC Set Aside as Based on Stale and Acquitted Cases Without Proximate Connection to Public Order

The petitioners, Dinesh Vitthal Patil and Bharat Vitthal Patil, were social workers and members of a political party residing in Malegaon, Nashik. The...

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Bombay High Court Quashes Externment Order Against Woman for Lack of Subjective Satisfaction and Non-Compliance with Section 59 of Maharashtra Police Act, 1951. The court held that externment orders cannot be based on vague allegations and must be supported by proper application of mind.

The petitioner, Smt. Smita Suryakant Ashtekar @ Smita Deepak Kumbhare, a 35-year-old social worker from Ahmednagar, challenged an externment order pas...

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Bombay High Court Quashes Externment Order for Non-Application of Mind and Lack of Material — Petitioner Externed Under Section 57(a)(i) of Bombay Police Act, 1951 Without Proper Consideration of In-Camera Statements and Old Convictions.

The petitioner, Mohammed Alam Ibrahim Shaikh @ Aalu, challenged an externment order passed by the Deputy Commissioner of Police, Thane, under Section ...