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 - 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..........
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...........
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 - 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..........
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 - The power of detention must necessarily proceed in all cases, to some extent on suspicion or anticipation as distinct from proof - Preventive Detention is largely precautionary and based on suspicion - Held, that power of detention is not quasi judicial power...........
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 and punitive detention - Preventive detention is intended to pre-empt a person from indulging in anti social activities so that jurisdiction of Court to grant relief to the detenu in such proceedings is indeed narrow and very much limited - Bail cannot be granted as a matter of common..........
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..........

Showing : 1-10 of 12 Results