Constitution of India, 1950, Article 22(5), General Clauses Act, 1897, Section 21, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11 -- Preventive detention - Delay of 47 days in considering representation on ground that report of Central Advisory Board is awaited - Not justified - Complete inaction on part of Detaining..........
Preventive detention -- Criminal antecedents of detenue - Order of detention may refer to previous criminal antecedents only if they have a direct nexus or link with immediate need to detain an individual - If previous criminal activities of detenue could indicate his tendency or inclination to act in a manner prejudicial to maintenance of public order, then it may have a..........
Telangana Offenders Act, 1986, Section 3(2) -- Preventive detention - Order of detention states that fourteen cases were referred to demonstrate antecedent criminal history and conduct of detenue - However, in absence of a clear indication of a casual connection, mere reference to pending criminal cases cannot account for requirement of offence in question - Detention..........
Indian Penal Code, 1860, Section 100 -- Right of private defence - It is essentially a defensive or preventive right circumscribed by statue and not retributive one, therefore, one who himself is an aggressor cannot claim right of private defence...........
Specific Relief Act, 1963, Section 36, 37 -- Temporary injunction - S.36 of the Act provides for grant of preventive relief - As per S.37 of the Act temporary injunction in a suit shall be regulated by CPC - Plaintiff seeking temporary injunction in a suit for specific performance will have to establish strong prima facie case on basis of undisputed facts, since relief..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Communication of detention order to detenue - No statutory obligation on part of detaining authority to serve grounds of detention and relied upon documents on very same day of service of order of detention - Serving of detention order, grounds of..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Quashing of detention order - Relied upon documents were running into 2364 pages and fifteen detention orders were passed against various detenues - Preparation of voluminous documents was a time consuming process and it took time to serve compilation..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Grounds of detention - Subjective satisfaction - Detaining authority in detention order not specifically recorded that detenue is likely to be released - Though detaining authority recorded that detenue is in custody and his bail application is rejected..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Quashing of detention order - Smuggling of huge quantity of gold - Detaining authority recorded finding that this has serious impact on economy of nation - Based on documents and materials placed before detaining authority and considering individual..........
Criminal Trial -- Purpose of detention - At pre-conviction stage - There is presumption of innocence and object of keeping a person in custody is to ensure his availability of face trial and to receive sentence that may be passes - Purpose of detention is not supposed to be punitive or preventive - Delay in commencement and conclusion of trial is important factor which is..........
