AI Overview...
-
Bombay Police Act, 1951 - Section 56 & 59
Main points: Section 56 grants authorities the power to extern individuals from their district and contiguous districts, while Section 59 pertains to issuing show cause notices before externment. Several judgments challenge externment orders on grounds such as lack of jurisdiction, unreasonable delays, or procedural lapses. For example, cases like INDGUJ00000175065 and INDGUJ00000204167 highlight disputes over the legality and reasonableness of externment orders, including challenges based on insufficient evidence or procedural irregularities. Dilaji Bharatbhai Vihol VS Deputy Commissioner of Police - Gujarat, RAJESH JETHALAL KHAPANDI KHARWA vs STATE OF GUJARAT - Gujarat, BHUPAT @ UDEDEE ISHWARBHAI KAHAR vs STATE OF GUJARAT - Gujarat, TAIYABBHAI ISMAILBHAI SHEIKH vs STATE OF GUJARAT - Gujarat -
Procedural Aspects & Judicial Review
Main points: Courts emphasize adherence to procedural safeguards, including timely issuance and review of externment orders, opportunity for the affected persons to be heard, and proper examination of evidence. Several judgments, such as INDGUJ00000186309 and INDGUJ00000170350, discuss delays (e.g., orders passed after lengthy periods) and procedural lapses, which can render externment orders liable to challenge. The importance of judicial oversight to prevent arbitrary externment is underscored. DILAJI BHARTHAJI VIHOL vs DEPUTY COMMISSIONER OF POLICE - Gujarat, SHAILESHBHAI ALIAS LALABHAI LASSIWALO DATARAM YADAV vs STATE OF GUJARAT - Gujarat -
Legal Challenges & Grounds for Reversal
Main points: Common grounds include lack of jurisdiction, procedural irregularities, absence of evidence, or violation of natural justice. For instance, INDGUJ00000158838 describes a case where no witnesses were examined, leading to the order being set aside on appeal. Challenges also include delays in passing orders, as noted in INDGUJ00000186309. Courts tend to scrutinize externment orders critically to prevent misuse of powers. DHANESHBHAI DEVABHAI PATEL vs STATE OF GUJARAT - Gujarat, MUKESHKUMAR BANARSILAL PASI vs STATE OF GUJARAT - Gujarat -
Key Insights
- The power under Section 56 is broad but must be exercised within constitutional and procedural limits.
- Externment orders are subject to judicial review, especially regarding procedural fairness and evidence sufficiency.
- Delays and procedural lapses can invalidate externment orders.
- Courts have consistently emphasized the importance of natural justice and proper application of the law to prevent misuse.
References:
- Dilaji Bharatbhai Vihol VS Deputy Commissioner of Police - Gujarat
- RAJESH JETHALAL KHAPANDI KHARWA vs STATE OF GUJARAT - Gujarat
- BHUPAT @ UDEDEE ISHWARBHAI KAHAR vs STATE OF GUJARAT - Gujarat
- SANTOSH PRALHAD WAGHMARE vs STATE OF MAHARASHTRA - Bombay
- TAIYABBHAI ISMAILBHAI SHEIKH vs STATE OF GUJARAT - Gujarat
- DILAJI BHARTHAJI VIHOL vs DEPUTY COMMISSIONER OF POLICE - Gujarat
- SHAILESHBHAI ALIAS LALABHAI LASSIWALO DATARAM YADAV vs STATE OF GUJARAT - Gujarat
- DHANESHBHAI DEVABHAI PATEL vs STATE OF GUJARAT - Gujarat
- MUKESHKUMAR BANARSILAL PASI vs STATE OF GUJARAT - Gujarat
Search Results for "Bombay Police Act 1951 Judgements"
2005 0 Supreme(Guj) 768 • India - Gujarat
K.M.MEHTA
PASA Act - Bombay police Act, 1951 - Section 56b - Petitioner has filed this petition challenging the order ... passed by respondent no. 1 under the provisions of Bombay police Act, and has, further, prayed for appropriate writ of mandamus ... those judgments, the authority must refer and discuss them in this behalf - Court is of the view that the authority neither refer ... What all Section 56 of the Bombay #HL_ST....
• India - Gujarat High Court
D.C. SRIVASTAVA, J
The petitioner challenges the show cause notice and externment order issued under the Bombay Police Act, 1951. ... �Brief facts are that a show cause notice under Section 59(1) read with Section 56(B) of the Bombay Police Act , 1951 was issued to the petitioner on 23.6.1998 to show cause why he should not be externed from the entire district of Junagadh city as well as Rural and adjacent Districts Amreli ... These were the offences punishable under ....
• India - Gujarat High Court
S.H.VORA, J
Bombay Police Act, 1951 (for short “the Act”). Section 56 of the Bombay Police Act has power to remove or extern a person not only from the district within which the externing authority has jurisdiction, but also from the districts contiguous to his own district. ... JUDGEMENT 1.
2025 Supreme(Bom) 190 • India - High Court of Bombay
MILIND N. JADHAV, J
Bombay Police Act, 1951 . 3. Applicant is arrested on 26.03.2017. Bail Applications filed by Applicant previously have been rejected. ... In the former stage, an arrest followed by a police custody may be warranted for a thorough investigation, while in the latter what matters substantially is the proceedings before the court in the form of a trial. ... In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other. Definition....
• India - Gujarat High Court
K.M. MEHTA, J
(A) Bombay Police Act, 1951 - Sections 56 and 59 - Externment order - Legal challenge against the externment order issued after an ... Facts of the case: ... Petition filed challenging the externment order citing unreasonable delay and lack of jurisdiction under the Act ... Taiyabbhai Ismailbhai Sheikh-externee has filed this petition challenging the order of externment dated 11.07.2005 passed by Deputy 2/11 JUDGMENT Commissioner of Police, Ahmedabad city-respondent No.2 under the pro....
• India - Gujarat High Court
K.M. Mehta, J
Bombay Police Act, 1951 for which hearing took place in August,2004. So the order has been passed after eleven months from the date of last hearing. 6.
• India - Gujarat High Court
R.K.ABICHANDANI, K.M.MEHTA, JJ
Police Act, 1951. ... learned Single Judge in Special Criminal Application No. 642 of 2001 rejecting his petition against an externment order under the Bombay ... �A show cause notice was issued on the appellant in accordance with the provisions of section 59 read with section 56 of the Bombay Police Act , 1951 alleging that his acts were causing alarm danger or harm to other persons and their properties, and that there were reasonable grounds for ....
• India - Gujarat High Court
S.H. VORA, J
The present judgment reviews an externment order issued under the Bombay Police Act, 1951, which was challenged on grounds of lack ... Police Act , 1951 (for short “the Act”). ... The externing authority under Section 56 of the Bombay Police Act has power to remove or extern a person not only from the district within which the externing authority has jurisdiction, but also from the districts conti....
• India - Gujarat High Court
R.P. DHOLAKIA, J
Bombay Police Act, 1951 whereby petitioner was externed from the District Bharuch for a period of six months. It is the case of the petitioner that no witnesses were examined and even the complainant did not remain present. ... An appeal preferred before the appellate authority under Sec.60 of the Bombay Police Act was allowed which is giving rise to the present petition. 3. ... Same has been interpreted by the Division Bench of this Court reported in 35(2) G.L.R....
• India - Gujarat High Court
A.K.TRIVEDI, J
The petitioner challenged the externment order passed under Sec.56(b) of the Bombay Police Act, 1951, alleging a lack of promptness ... �The petitioner has challenged the order of externment passed by the respondent no.2-Deputy Police Commissioner, Ahmedabad City dated 1-7--2000 in Externment Case no.PCB/HDP/197 against the petitioner in exercise of powers conferred under Sec.56(b) of the Bombay Police Act , 1951 (" ... the #....
Filter by Legal Phrase
