Constitution of India, 1950, Article 226, Kerala Anti Social Activities (Prevention) Act, 2007, Section 3, 10 -- Preventive detention - Writ petition against - Opinion expressed by Advisory Board that sufficient grounds of detention are made out - Held, such opinion would not be a fetter on power of High Court to declare detention as illegal...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last resort - Impugned order set..........
National Security Act, 1980, Section 14(2) -- Revocation of earlier detention order - Subsequent detention order - Validity - Failure of detaining authority to take into account reasons of revocation of earlier detention order - Held, subjective satisfaction wrongly arrived at by detaining authority - Subsequent detention order quashed...........
National Security Act, 1980, Section 3(2), Constitution of India, 1950, Article 22(5) -- Preventive detention - Failure to supply bail order and relevant documents in vernacular version to detenu - Held, detenu deprived from making effective representation - Detention order vitiated and, hence, liable to be quashed...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Challenge to - Held, proposed detenue entitled to challenge detention order at pre-execution stage - He is also entitled to do so after several years had elapsed after passing of detention order on grounds other than five grounds enumerated in Alka Subhash..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 - - Proceedings u/s.7 - Absconding detenu - Challenge to detention orders - Live nexus theory - Held, those who have evaded process of law shall not be heard to say that their fundamental rights are in jeopardy - At least, where proceedings such as the one contemplated u/s.7 of..........
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..........
Criminal Procedure Code, 1973, Section 439 -- Formal arrest - Maintainability of bail application - Held, petitioners cannot be detained in jail solely on basis of formal arrest effected if their release on bail has been ordered in crimes in which they were detained in judicial custody - Their detention if it is only on basis of formal arrest in another crime without any..........
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982, Section 8, Constitution of India, 1950, Article 22(5) -- Detention order - Validity - Detention order passed on 28.01.2013 - Booklet served on detenu only on 03.02.2013 which is beyond the period of 5..........
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982, Section 8, Constitution of India, 1950, Article 22(5) -- Detention order - Validity - Non-application of mind - Detaining authority passed order of detention on a mere supposition that mother of..........
