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Search Results for "witnesses unwilling"

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Supreme Court

Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

25 Aug 2021

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

High Court

Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

8 Feb 2019

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

High Court

Bombay High Court Upholds Externment Orders Under Section 56(1)(a) and (b) of Maharashtra Police Act, 1951 — Emphasizes Need for Application of Mind and Compliance with Audi Alteram Partem. Court Holds That Externment Orders Must Be Based on Subjective Satisfaction of the Authority and Not Be Excessive or Arbitrary.

8 Feb 2019

The judgment arises from three criminal writ petitions challenging externment orders passed by the Deputy Commissioner of Police, Nagpur, under Sectio...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Harm or Danger. Petitioner's involvement in two theft cases insufficient to justify externment under Section 56 of Maharashtra Police Act, 1951 as there was no evidence of witnesses unwilling to depose.

10 Oct 2016

The petitioner, Pankaj Prakash Shimpi, filed a writ petition under Article 226 of the Constitution of India challenging the externment proceedings ini...

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 Allows Petitioner in Externment Case Under Bombay Police Act — Externment Order Quashed for Lack of Subjective Satisfaction. Authorities Failed to Record Finding That Witnesses Were Unwilling to Testify Due to Apprehension of Danger Under Section 56(1)(a)(b) of Bombay Police Act, 1951.

4 Sep 2013

The petitioner challenged an externment order dated 7th February 2012 passed by the Deputy Commissioner of Police, Zone-4, Mumbai, under Section 56(1)...

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 in Bombay Police Act Case — Lack of Material to Show Witnesses Unwilling to Come Forward. Externment order under Section 56(1)(a) and (b) of Bombay Police Act, 1951 set aside as in-camera statements did not indicate that witnesses were unwilling to depose due to fear.

11 May 2012

The petitioner, Baburao Changa Patil, challenged an externment order passed by the Deputy Commissioner of Police, Zone-I, Thane, under Section 56(1)(a...

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 Dismisses State's Appeal Against Acquittal in Murder Case Due to Unreliable Witness Testimony. Acquittal of four accused under Section 302 read with Section 34 IPC upheld as prosecution failed to prove motive and common intention beyond reasonable doubt.

7 Apr 2005

The State of Maharashtra appealed against the acquittal of four accused persons (Mahadeo Laxman Sarane, Raju Laxman Sarane, Basu Laxman Sarane, and Si...

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