AI Overview...
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Sagarsingh Kesharsingh Bawari - Court decisions have consistently held that prosecutions under the Bombay Prohibition Act and the Maharashtra Prevention of Gambling Act cannot be used as grounds for passing externment orders. The courts have relied on judgments from the Nagpur Bench, notably in Criminal Writ Petition No. 0355 of 2013, to establish this legal position. Sagarsingh Kesharsingh Bawari VS Ministry of Home Department - Bombay, Jalna Kamalkishor VS Superintendent Of Police, Jalna, Taluka And Dist Jalna - Bombay, Kamalkishor VS Superintendent of Police, Jalna - Bombay, Altaf Rajekhan Pathan VS Divisional Commission, Pune Division Pune - Bombay, SHIVRAJ S/O. BHAGWAN PATIL vs THE DIVISIONAL COMMISSIONER, AURANGABAD DIVISION, AURANGABAD AND OTHERS - Bombay, PRASHANT PRABHU GABHANE vs STATE OF MAH. THR. PSO TUMSAR DIST.BHANDARA AND 2 OTHERS - Bombay, KAMALKISHOR S/O. PUSARAM BANG vs THE SUPERINTENDENT OF POLICE, JALNA AND OTHERS - Bombay
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Judicial Precedent - The Division Bench of the Nagpur Court, in the case of Sagarsingh Kesharsingh Bawari, has allowed criminal writ petitions challenging externment orders based on the aforementioned prosecutions, emphasizing that such grounds are not sustainable for externment. This precedent underscores the importance of legal limitations on externment based solely on certain criminal prosecutions. Altaf Rajekhan Pathan VS Divisional Commission, Pune Division Pune - Bombay, SHIVRAJ S/O. BHAGWAN PATIL vs THE DIVISIONAL COMMISSIONER, AURANGABAD DIVISION, AURANGABAD AND OTHERS - Bombay
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Broader Legal Principles - The case references indicate that the courts have laid down principles restricting the use of specific criminal cases as the basis for externment, reinforcing the need for valid and permissible grounds for such orders. The decisions serve as a guiding precedent for similar cases involving externment and criminal prosecutions. PRASHANT PRABHU GABHANE vs STATE OF MAH. THR. PSO TUMSAR DIST.BHANDARA AND 2 OTHERS - Bombay, KAMALKISHOR S/O. PUSARAM BANG vs THE SUPERINTENDENT OF POLICE, JALNA AND OTHERS - Bombay
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Additional Context - While some references mention related incidents and family details, the core legal insight remains focused on the inadmissibility of certain prosecutions as grounds for externment orders, with the courts favoring legal compliance and proper grounds in such decisions. JELUSINH GALABJI THKORE VS STATE OF GUJARAT - Gujarat
Analysis and Conclusion:
The consistent judicial stance, supported by multiple decisions, clarifies that prosecutions under the Bombay Prohibition Act and Maharashtra Prevention of Gambling Act cannot justify externment orders. The rulings from the Nagpur Bench, especially in Criminal Writ Petition No. 0355 of 2013, establish a clear legal principle that such grounds are not sustainable, emphasizing adherence to lawful criteria for externment.
Search Results for "Sagarsingh Kesharsingh"
2013 0 Supreme(Bom) 1746 • India - Bombay
B.R.GAVAI, Z.A.HAQ
2018 0 Supreme(Bom) 2348 • India - Bombay
PRASANNA B.VARALE, VIBHA KANKANWADI
In the matter of Sagarsingh Kesharsingh Bawari , this Court has taken a view that the prosecutions under the Bombay Prohibition Act and Maharashtra Prevention of Gambling Act cannot be the basis for passing externment order. ... Learned Advocate for the petitioner further relied on decision of this Court at Nagpur Bench, in the matter of Sagarsingh Kesharsingh Bawari Vs. Ministry of Home Department, through its Principal Secretary (Special), Mantralaya, Mumbai, and 02 others, in Criminal Writ Petition No. 0355 of 2013.
2018 0 Supreme(Bom) 528 • India - Bombay
PRASANNA B.VARALE, VIBHA KANKANWADI
In the matter of Sagarsingh Kesharsingh Bawari (supra), this Court has taken a view that the prosecutions under the Bombay Prohibition Act and Maharashtra Prevention of Gambling Act cannot be the basis for passing externment order. ... Learned Advocate for the petitioner further relied on decision of this Court at Nagpur Bench, in the matter of Sagarsingh Kesharsingh Bawari Vs. Ministry of Home Department, through its Principal Secretary (Special), Mantralaya, Mumbai, and 02 others, in Criminal Writ Petition No. 0355 of ....
2018 0 Supreme(Bom) 931 • India - Bombay
R.M.SAVANT, REVATI MOHITE DERE
However, having regard to the judgment of the Division Bench of this Court sitting at Nagpur in Criminal Writ Petition No.355 of 2013 in the matter of Sagarsingh Kesharsingh Bawari v/s Ministry of Home Department, through its Principal Secretary (Special), Mantralaya, Mumbai and ors.
• India - Bombay
Sagarsingh Kesharsingh Bawari vs. ... In the case of Sagarsingh Kesharsingh Bawari 's case, has allowed the criminal writ petition ... Division Bench of this Court, by referring the above observations in Sagarsingh
• India - Bombay
Sagarsingh Kesharsingh Bawari vs. ... In the case of Sagarsingh Kesharsingh Bawari 's case, has allowed the criminal writ petition ... Division Bench of this Court, by referring the above observations in Sagarsingh
• India - Bombay High Court - Bench at Nagpur
others – (Criminal Writ Petition 239/2018 decided on 12.04.2018 – Aurangabad Bench) and (3) Sagarsingh
• India - Bombay
Kesharsingh Bawari Vs. ... In the matter of Sagarsingh Kesharsingh Bawari the matter of Sagarsingh
• India - Bombay High Court - Bench at Nagpur
upon the following reported decisions: preposition has been laid down by this Court in the case of Sagarsingh
2007 0 Supreme(Guj) 108 • India - Gujarat
R.P.DHOLAKIA, M.D.SHAH
Nagjibhai kodabhai Exh. 29, Karsanbhai Exh. 42, mavjibhai Kalidas Exh. 48, Mafabhai Ajbabhai exh. 52, Pratap Dharmaji Exh. 86, Bhijolji chhatraji Exh. 97, Vinayakrav Vasudev ravpatil Exh. 27, Dhirajbhai Devabhai Jagania exh. 30 Jeetendra Ratilal Modi Exh. 64, jethabhai Nanjibhai Exh. 71, and Bhopalsingh kesharsingh ... On the day of incident wife of one Agarsingh Nathusingh had died where family members of the accused persons as well as that of the complainant s side were present at the crematory. Nothing untwoard happened there and all of them left for th....
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