Showing : 1-10 of 12 Results

MADRAS HIGH COURT
Year of decision: 2013
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3, Constitution of India, 1950, Article 22(5)-- Preventive detention - Black marketing of essential commodities - Representation against - Inordinate unexplained delay of nearly 32 days in submitting remarks - Held, such delay affects right of detenu to make effective representation before appropriate authority - It vitiates detention order -..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3-- Detention order - Validity - Detenu branded as a Black Marketeer and detained - Detaining authority specifically stated that representation has to be addressed to District Magistrate and Collector, Cuddalore District, but place of detaining authority is Villupuram and not Cuddalore - Held, this..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(2)(a), 3(1)-- Detention - Pre-detention representation - Non consideration of such representation - Amounts to non application of mind - Vitiates the order of detention...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(2)(a), 3(1)-- Detention - Cogent materials should be available for the Detaining Authority to arrive at subjective satisfaction for the passing of the detention order - The materials available on record should be sufficient for the Detaining Authority to arrive at his decision that the detenu is likely to be..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
National Security Act, 1980, Section 3(2)-- Preventive detention - Petitioners were producing synthetic ghee which activity was danger to health of general public - Preventive detention order issued against petitioner - Writ challenging detention order at pre-execution stage - Held, Court has very limited scope in regard to Judicial..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1)-- Preventive detention - Such order must be preventive and not punitive in nature - Court must be conscious and mindful that the satisfaction of the Detaining Authority is subjective in nature and the Court cannot substitute its objective opinion for the subjective satisfaction of Detaining..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1)-- Preventive detention - Subjective satisfaction is not wholly immune from judicial review - Courts have carved out areas, though limited, within which the validity of subjective satisfaction can be tested judicially...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1)-- Preventive detention - Grounds of challenging order of detention are : Order is not passed by competent authority, condition precedent for the exercise of power does not exist, subjective satisfaction arrived at by the Detaining Authority is irrational, the order is mala fide, there is non..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1)-- Preventive Detention - Petitioner indulging in black marketing of kerosene which is an essential commodity - Petitioner engaged in such activities since 2002-2006 - Several cases registered against him - Order of preventive detention passed against petitioner - Order of detention not liable to be..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1)-- Preventive detention - Meaning and concept - There is no authoritative definition of preventive detention either in the Constitution or in any other statute - The expression, however is used in contradistinction to the word punitive - It is not punitive or penal provision but is in the nature of..........

Showing : 1-10 of 12 Results