Constitution of India, 1950, Article 22, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Export-import violations - Detention under COFEPOSA Act is neither punitive nor curative - Preventive detention being one of the two exceptions to the constitutional protection under Article 22 against arrest and..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Export-import violations - A document is relevant for consideration the case of a person for preventive detention if it relates to or has a bearing on either of the following two issues : (a) Whether the detenu had indulged in smuggling or other activities..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Prosecution is to prove that - (a) the death of a woman was caused by burns or bodily injury or had occurred otherwise than under normal circumstances; (b) such death should have occurred within 7 years of her marriage; (c) the deceased was subjected to cruelty or harassment by her husband or by any relative of her..........
Indian Penal Code, 1860, Section 299 Clause (b), 300 -- Murder - Culpable homicide and murder - Under clause thirdly of Section 300 IPC, culpable homicide is murder, if both the following conditions are satisfied : i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; (b) that the..........
Indian Penal Code, 1860, Section 299 -- Clause (b) and 300 - Murder - Culpable homicide and murder - Under clause thirdly of Section 300 IPC, culpable homicide is murder, if both the following conditions are satisfied : i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; (b) that the..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention order - Delay in passing order of detention - Time taken in completing the process for issuance of order of detention not to be tested by same standard as is applied in matter of consideration of representation of detenu - Reasons sufficiently explained for..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention order - Challenged on ground that translated copies of all documents, statements and other material not furnished within statutory period of five days to detenu - Documents in English - Within 10 days translated documents made available to detenu -..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention order - Non application of mind - Detaining authority took charge on 10.1.2006 and detention order passed on 27.1.2006 - Documents running into 2000 pages - Contention that authority signed the detention order on grounds prepared by predecessor - No basis of..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention order - Formulation of opinion and subjective satisfaction of detaining authority - Detention order challenged on the ground that grounds of detention made reference to statement of son of appellant before DRI which he retracted when produced before ACMM..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention order - Representation - Delay in disposal - There is no straight jacket formula - Depends upon facts of each case viz. volume and contents of the grounds of detention, the documents supplied along with the grounds, the inquiry to be made by the officers..........
