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What is the summary of this judgment? | Thus the axe fell on the respondents 1 to 21 and lest the take over be delayed, even the section 5A enquiry was scuttled by invoking the emergency powers under Sec. 17. At times, natural justice is the natural enemy of intolerant authority. Therefore, the judicial process, under article 226, invalidated the acquisition... | In 1962, a site was chosen for a grain market and the foundation stone for it was laid. This spot belonged to a cousin of Respondent No. 22, an ex Minister and an influential politician. This spot was eventually abandoned in favour of the lands of Respondents Nos. 1 to 21, which were notified in 1971. The landowners re... |
What is the summary of this judgment? | He was detained and paroled, and the contestants swear that by political influence and use of relationship he revived the same acquisition once quashed by the High Court. We skip many allegations of vice, of pressure, of defection as drawing red herring across the trail. But the crux of the matter is that uncontradicte... | In 1962, a site was chosen for a grain market and the foundation stone for it was laid. This spot belonged to a cousin of Respondent No. 22, an ex Minister and an influential politician. This spot was eventually abandoned in favour of the lands of Respondents Nos. 1 to 21, which were notified in 1971. The landowners re... |
What is the summary of this judgment? | We need not record any positive finding. It is sufficient to state that no ground to grant leave has been made out. The fourth point about the use of emergency power is well taken. Without referring to supportive case law it is fundamental that com 1079 pulsory taking of a man 's property is a serious matter and the sm... | In 1962, a site was chosen for a grain market and the foundation stone for it was laid. This spot belonged to a cousin of Respondent No. 22, an ex Minister and an influential politician. This spot was eventually abandoned in favour of the lands of Respondents Nos. 1 to 21, which were notified in 1971. The landowners re... |
What is the summary of this judgment? | 17 of the Act. Here a slumbering process, pending for years and suddenly exciting itself into immediate forcible taking, makes a travesty of emergency power. No constituency in our poor country can afford Kilkenny cat politics and personality cult. I dismiss the State 's petition. PATHAK, J. I agree that the petition s... | In 1962, a site was chosen for a grain market and the foundation stone for it was laid. This spot belonged to a cousin of Respondent No. 22, an ex Minister and an influential politician. This spot was eventually abandoned in favour of the lands of Respondents Nos. 1 to 21, which were notified in 1971. The landowners re... |
What is the summary of this judgment? | 1 to 21 was quashed by the High Court under Article 226 of the Constitution on the finding that the action was vitiated by mala fides. A fresh attempt at acquiring the land was assailed by the said respondents and has been struck down by the High Court. The petitioners now pray for special leave to appeal. On a conspec... | In 1962, a site was chosen for a grain market and the foundation stone for it was laid. This spot belonged to a cousin of Respondent No. 22, an ex Minister and an influential politician. This spot was eventually abandoned in favour of the lands of Respondents Nos. 1 to 21, which were notified in 1971. The landowners re... |
What is the summary of this judgment? | Despite an opportunity afforded to controvert the allegations made by the respondents Nos. 1 to 21, no attempt has been made by him to contradict the allegations. A counter affidavit has been filed in this Court on behalf of the petitioners, the State of Punjab and the Extra Assistant Colonization Officer, but the mate... | In 1962, a site was chosen for a grain market and the foundation stone for it was laid. This spot belonged to a cousin of Respondent No. 22, an ex Minister and an influential politician. This spot was eventually abandoned in favour of the lands of Respondents Nos. 1 to 21, which were notified in 1971. The landowners re... |
What is the summary of this judgment? | The deponent of the counter affidavit was not a member of either Board. He was not a participant in the deliberations which are said to have led to the selection of the land belonging to the said respondents. Whether or not the deliberations were effected by the influence or pressure of the respondent No. 22 is a matte... | In 1962, a site was chosen for a grain market and the foundation stone for it was laid. This spot belonged to a cousin of Respondent No. 22, an ex Minister and an influential politician. This spot was eventually abandoned in favour of the lands of Respondents Nos. 1 to 21, which were notified in 1971. The landowners re... |
What is the summary of this judgment? | The petition is dismissed. N.V.K. Petition dismissed. | In 1962, a site was chosen for a grain market and the foundation stone for it was laid. This spot belonged to a cousin of Respondent No. 22, an ex Minister and an influential politician. This spot was eventually abandoned in favour of the lands of Respondents Nos. 1 to 21, which were notified in 1971. The landowners re... |
What is the summary of this judgment? | Civil Appeal No. 1001 Of 1977. Appeal by Special Leave from the Judgment and order dated 24 2 77 of the Bombay High Court in Sales Tax Reference No. 28 of 1975. Hemendra K. Shah, M. H. Gami, P. H. Parekh, C. B. Singh and M. Mudgal for the Appellant. section T. Desai and M. N.Shroff for the Respondent. | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | The Judgment of the Court was delivered by BHAGWATI, J. This appeal by special leave raises the vexed question whether a particular contract is a contract of sale or a con tract of work and labour. This has always been a difficult question, because most of the cases which come before the courts are border line cases an... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | The detailed specifications of the Rolling Shutters were given in the contract and the price was stipulated to be Rs. 7/ per sq. ft. and rft. for Pull and Push Type Rolling Shutters and Rs. 9/ per sq. ft. and rft. | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | for the Reduction Gear Type Rolling Shutters, the price in both cases being inclusive of "erection at site". The contract was expressed to be subject to the terms and conditions set out in a printed form and there were also certain special terms and conditions which were specifically written out in the contract. Since ... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | All payment shall be on overall measurements only. Customer desiring to check the correctness of the overall measurements shall notify their intention in advance and shall get the measurements checked before installation. No dispute on this ground shall be entertained once the erection is completed. Terms of Business: ... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | The assesses carried out its part of the contract and manufactured the two types of Rolling Shutters according to the specifications provided in the contract and erected and 648 installed them in sheds Nos. 3 and 4 of the Sidheswar Sahakari Sakar Karkhana. It does not appear from the record as to when the bill relating... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | The contract was thus held by the Sales Tax Tribunal to be a composite contract consisting of two parts, one for sale of the two types of Rolling Shutters and the other for execution of the work of erection and installation. This led to an application for a reference by the assessee and on the application, the followin... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | The distinction between a contract for sale and a contract for work and labour has been pointed out by this Court in a number of decisions and some tests have also been indicated by this Court, but it is necessary to point out that these tests are not exhaustive and do not lay down any rigid or inflexible rule applicab... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | The second type of contract is clearly a contract for work and labour not involving sale of goods, while the third type is a contract for sale where the goods are sold as chattels and some work is undoubtedly done, but it is done only as incidental to the sale. No difficulty arises where a contract is of the first type... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | Where the main object of work undertaken by the payee of the price is not the transfer of a chattel qua chattel, the contract is one for work and labour. The test is whether or not the work and labour bestowed end in anything that can properly become the subject of sale: neither the ownership of the materials, nor the ... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | Then take a contract for constructing a building where considerable quantity of materials are required to be used in the execution of the work. This 651 would clearly be a contract for work and labour and fall within the latter category. But, as we pointed out earlier, there may be, and indeed as the decided cases show... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | This was the test applied by this Court in the State of Rajasthan vs Man Industrial Corporation(2) for holding that a contract for providing and fixing four different types of windows of certain size according to "specifications, designs, drawings and instructions" set out in the contract was a contract for work and la... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | The contract was not for transfer of property in the window leaves as window leaves. It was a contract for providing and fixing windows and windows could come into existence only when the window leaves were fixed to the building by bestowing labour and skill. It was, therefore, held to be a works contract. The same rea... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | 268 652 fixing of wooden doors and windows with sashes and frames and wooden chawkhats in the Police Lines building was a contract for work and labour. Let us, therefore, apply this test in order to deter mine what is the nature of the contract in the present case: is it a contract for sale or a contract for work and l... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | It is clear from the statement exhibit to the petition for special leave, which statement was submitted before the Sales Tax Tribunal and the correctness of which was at no time disputed before us, that a Rolling Shutter consists of five components parts. namely, two brackets welded with 'U ' type clamps, one pipe shaf... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | Thereafter the holes are filled with cement and the pipe shafting with high tension springs is inserted into the 'U ' clamps of the brackets. Then the iron curtain of the Rolling Shutter is hoisted over the high tension springs and tightened by means of nut bolts and guide channels are then fixed 653 by grouting masonr... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | All these operations take place at the site after despatch of the component parts of the rolling shutter. Hood cover is fixed in a neat manner and supported at the top at suitable intervals. This also has to be done at the site. Item 11.1 of the specifications shows that the rolling shutter curtain and bottom lock plat... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | It will, thus, be seen that the component parts do not constitute a rolling shutter until they are fixed and erected on the premises. It is only when the components are fixed on the premises and fitted into one another that they constitute a rolling shutter as a commercial article and till then they are merely componen... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | There is no transfer of property in the rolling shutter by the manufacturer to the customer as a chattel. It is 654 essentially a transaction for fabricating component parts and fixing them on the premises so as to constitute a rolling shutter. The contract is thus clearly and indisputably a contract for work and labou... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | But that does not mean that as soon as the component parts are delivered to the company, the contract is Fully executed. The component parts do not constitute a rolling shutter and it is the obligation of the assessee under the contract to fix the component parts in position on the premises and erect and instal a rolli... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | The parties may provide by mutual agreement that the 655 amount stipulated in the contract may be paid at different stages of the execution of the contract, but that cannot make the contract one for sale of goods if it is otherwise a contract for work and labour. It may be noted that the contract in State of Madras vs ... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | We 'j must, in the circumstances,.hold, driven by the compulsion of this logic, that the contract was a contract for work and labour and not a contract for sale. This view which we are taking is completely sup ported by the decision of this Court in Vanguard Rolling Shutters & Steel Works vs Commissioner of Sales Tax, ... | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | S.R. Appeal allowed. (1) 21 S.T.C. 245. (2) 39 S.T.C. 372. | The appellant assessee entered into a contract dated 28th June, 1972 for fabrication, supply erection and installation of Sentinel 's Pull and Push type and Reduction Gear type rolling shutters in sheds Nos. 3 and 4 of the Sidheshwar Sahakari Sakar Karkhana belonging to M/s. C. M. Shah & Co. (P) Ltd as per the terms an... |
What is the summary of this judgment? | tion (Criminal) No. 307 of 1988. (Under Article 32 of the Constitution of India) Ram Jethmalani, U.R. Lalit, Ms. Kamini Jaiswal and Arvind Nigam for the Petitioner. T.U. Mehta, Dushiant Dave, M.N. | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Shroff and Mrs. section Dikshit for the Respondents. The Judgment of the Court was delivered by RAY, J. The petitioner who is the brother of detenu, Adbul Latif Abdul Wahab Sheikh of Ahmedabad has challenged in this writ petition the order of detention dated May 23, 1988 passed by the respondent No. 1, the Commissioner... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | In order to decide the various contentions raised in this writ petition, it is necessary to consider the back ground as well as the various orders of detention passed against the detenu by the detaining authority, the respond ent No. 1. On September 11, 1984, the detenu was served with a show cause notice under Section... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | On February 14, 1985 the detenu was granted bail in the said case by the Sessions Court, Ahmedabad. On March 18, 1985 communal riots broke out in Ahmedabad city and on March 24, 1985 an order of detention under the National Security Act was passed against the detenu by the respondent No. 1. During the communal riots on... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | 2. On July 6, 1985 charge sheet was submitted in C.R. No. 37 of 1985. On September 27, 1985 enquiry was completed in externment proceedings and arguments were heard. On November 12, 1985, the detenu surrendered to police and he was arrested and taken into custody. | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | In the said case accused Nos. 6 and 7 were discharged, the detenu along with accused No. 4 was tried in the said charge by the Principal Judge, Sessions Court who by his Judgment dated May, 26, 1986 acquitted the detenu and the co accused after recording of the evidence of witnesses and considering the same. The detenu... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | It is relevant to mention in this connection that on January 18, 1986 the order of ex ternment of the detenu from Ahmedabad City and rural areas of Gandhinagar etc. was made while he was in custody. The detenu preferred an appeal against the externment order which was heard by the Deputy Secretary (Home). The State Gov... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | The detenu filed a Special Criminal Application No. 862 of 1986 challenging the externment order dated January 18, 1986 and its confirmation order dated June 23, 1986 before the High Court of Gujarat. The detenu also filed another Special Criminal Application No. 889 of 1986 before the High Court challenging the second... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Against this judgment the detenu filed a Special Leave Petition (Crl.) No. 3762 of 1986 before this Court and the said Petition was finally heard in part on January 23, 1987 and it was adjourned to February 3, 1987. This Court released the detenu on parole only on January 23, 1987 for the reason that the detenu was req... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | The elections for the Corporation were held on January 25, 1987 and the detenu was declared elected from all the wards from which he had contested. On February 3, 1987, the appeal of the detenu was heard finally by this Court and this Court extended the parole granted to him till the judgment was delivered in the case.... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | every morning at 11 a.m. and he continued to do so from February 9 to Febru ary 14, 1987. On February 14, 1987 when the detenu reported at Kalupur P.S. along with his Advocate to record his presence, he was asked to wait there. At about 12.30 p.m., he was informed that he was taken into custody for breach of orders of ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | At that time the detenu received the news that disturbances had broken out in the city of Ahmedabad and, therefore, he declined to avail of the bail order and requested the Magistrate to take him into custody. On February 15, 1987, the order of detention under Section 8(a) of the National Security Act was passed agains... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | This Court issued rule returnable on April 4, 1987. Pending disposal of the writ petition, the detenu was released on April 3, 1987 by the AdviSory Board constituted under the National Securi ty Act. Furthermore, to harass the detenu two FIRs being C.R. Nos. 34 and 40 of 1987 were lodged against the detenu in Kalupur P... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | As no reply was received by the detenu, the detenu moved Crl. Petition No. 1345 of 1987 before the High Court for permission to visit Ahmedabad. the aforesaid Miscellaneous applications were rejected by the High Court. Thereafter, the detenu filed Special Leave Petition (Crl.) No. | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | 1952 of 1987 before this Court against the impugned order of externment of the detenu for a period of two years with effect from January 18, 1986. Notice was issued on the said petition but as the period of externment expired, the said petition was finally disposed of by this Court. On October 16, 1987, the detenu was ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | This appeal being Criminal Appeal No. 316 of 1988 was dis posed of by this Court on April 27, 1988 setting aside the impugned order of the Designated Court rejecting application for bail and remitting the case to the Designated Court for a decision afresh. The Designated Court was also directed to enlarge the applicant... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | This order of detention was challenged by Criminal Writ Petition No. 114 of 1988 before this Court. Rule was issued and the petition was heard on merits. The detention order was withdrawn as the Advisory Board refused to confirm the order of deten tion. The detenu was released on March 14, 1988. The detenu accordingly ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | However, when Criminal Appeal No. 316 of 1988 came up for hearing before this Court on April 7, 1988 an allegation was made that detenu had absconded. This Court however, ordered on April 7, 1988 that the detenu should surrender within a week. In compliance of the said order the detenu surrendered on April 13, 1988 and... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | After April 13, 1988 the detenu has been continuously in custody and prior to March 14, 1988 also the detenu was continuously in custody for nearly three years save for short periods during which he was released on parole by this Court. No prejudicial act has been alleged against the detenu during the days when the det... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | It is impossible to justify the statement made in the grounds of detention that there are full possibilities that the detenu may be released on bail in this case. This statement, it has been stated is recklessly false. It has also been stated that the entire material which forms the basis of the present order of detent... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | These two FIRs i.e. C.R. Nos. 34 and 40 of 1987 were registered against the detenu on February 14, 1987 at P.S. Kalupur i.e. prior to the order dated April 3, 1987 passed by the State Government. | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | C.R. No. 34/87 was registered at P.S. Kalupur against the detenu for breach of externment order while C.R. No. 40/87 was registered against the detenu at P.S. | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Kalupur for an offence of provocative speech made by the detenu. " In para 32, the respondent No. 1 merely denied the aver ments made in para 3(III) of the petition wherein it was specifically averred that there was no specific material for passing the detention order against the detenu. In para 34, the respondent No. ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | It appears from the grounds of detention which was served under section 9 of the said Act that three criminal cases have been mentioned. These are: 1. P.S. Kalupur U/s 25(a)(c) of Arms pending in Court Case No. 372/85 Act, Sections 4, 5 of Explosive Act. P.S. | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Kalupur U/s 120(b) of I.P.C. Pending for Case No. 456/87 U/s 25(1)(e)(c) of examination Arms Act and U/s (1) of the Terrorists Act, 1985 3. P.S. Kalupur U/s 307, 120(b) of IPC Pending for Case No. 2/88 U/s 3(1) of Terrorists examination. | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Act, U/s 4, 5 of Explo sives Act, U/s 25(1)(c) (1) of Arms Act and U/s 135(1) of Bombay Police Act. 900 It has also been stated therein that after careful consideration of the facts of the complaint of the aforesaid offences it is apprehended that detenu 's criminal activities will adversely affect the public order bec... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | 2/88 which was registered on January 2, 1988 the name of the detenu is not mentioned in the F.I.R. In Case No. 372/85 also which was registered on June 26, 1985, the name of the detenu is not in the FIR. The detenu, however, was arrested on October 17, 1987 i.e. after a lapse of more than two years and three months. In... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | 456/87 which was registered on October 16, 1987, the detenu was arrested on October 16, 1987. This case related to the seizure of a revolver from the person of the detenu who kept the same without any licence in viola tion of the provisions of Arms Act. The detaining authority while issuing the order of detention again... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | the date when the detention order was made. Had this fact been known to the detaining authority, the detaining authority could have considered whether in such circumstances he would have been subjectively satisfied on the basis of cogent materials, fresh facts and evidences that it was necessary to detain him in order ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | It was urged on behalf of the petitioner that the detention was not justified under the provisions of Section 3(1)(a) of the Act and as such it was invalid. It was held that the satisfaction of the de taining authority under section 3(1)(a) is his subjective satisfaction and as such it is not justiciable. It is not ope... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | It has been further observed that an an abstract proposition of law, there may not be any doubt that Section 3(1)(a) of the Act does not preclude the authority from passing an order of detention against a person whilst he is in detention in jail but in deciding the question as to whether it is necessary to detain a per... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | The detaining authority was alive to the fact that the petitioners were in jail custody on the date of the passing of the detention orders as evident from the grounds of detention. It was stated therein that the position would have been entirely different if the petition ers were in jail and had to remain in jail for a... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | In Ramesh Yadav vs District Magistrate, Etah and Ors., the order of detention under section 3(2) of was made at a time when the petitioner had already been in Mainpur jail as an under trial prisoner in connection with certain pending criminal cases. The grounds of detention were served on the petition er along with the... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Apart from specifying five grounds in the grounds of detention, a reference was made to the fact that the detenu creates public terror on account of his criminal activities which are absolutely prejudicial to ' the maintenance of public order. It was further mentioned in the detention order that though the petitioner w... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Where a person accused of certain offences whereunder he is undergoing trial or has been acquitted, the appeal is pending and in respect of which he may be granted bail may not in all circumstances entitle an authority to direct preventive detention and the principle enunciated by the aforesaid decision must apply but ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Hard and ugly facts make application of harsh laws imperative. The detenu 's rights and privileges as a free man should not be unnec essarily curbed. " In Binod Singh vs District Magistrate, Dhanbad, Bihar and Ors., ; at 420 21 the petitioner was arrested in connection with the criminal case and he was already in custo... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | If a man is in custody and there is no imminent possibility of his being released, the power of preventive detention should not be exercised. A bald statement is merely an ipse dixit of the officer. If there were cogent materials for thinking that the detenu might be released then these should have been made apparent. ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | What is necessary in such a case is to satisfy the court when detention is challenged on that ground that the detaining authority was aware of the fact that the detenu was already in custody and 905 yet he was subjectively satisfied that his order of detention became necessary. " In Smt. Shashi Aggarwal vs State of U.P... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | The Court observed that: "In the instant case, there was no material made apparent on record that the detenu, if released on bail, is likely to commit activi ties prejudicial to the maintenance of public order. The detention order appears to have been made merely on the ground that the detenu is trying to come out on b... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | It is also not disputed that thereafter no application for bail was made for release of the detenu before the order of detention was served on him on 23rd May, 1988. It appears that in the grounds of deten tion there is a statement that at present you are in jail yet "there are full possibilities that you may be releas... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | Out of those three criminal cases, criminal case No. 372/85 was lodged on June 26, 1985 i.e. much before the present deten tion order and several orders of detention were made in the meantime. This criminal case is, therefore, not proximate in time to the making of the order of detention. So it is a stale ground. Anoth... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | 456/87 is dated October 16, 1987 on the basis of which the previous order of detention was made. This case has nothing to do with the maintenance of public order as it pertains to the recovery of a revolver from the detenu on a search of the person of the detenu, without any valid licence under the Arms Act. The third ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | The statements of some of the associates of the detenu have been annexed to the grounds of detention. These statements do not disclose any activity after 14th March, 1988 or any activity of the time when the detenu was a free person. Considering all these facts and circumstances we are constrained to hold that there ha... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | It is convenient to mention here that Section 15(2) of PASA Act says that a detention order may be revoked by State Government; but such revoca tion on expiry of detention order will not bar making of a fresh detention order provided where no fresh facts have arisen after expiry or revocation of the earlier detention o... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | 1, the detaining authority, he merely denied the specific averments made in para 3(III) that no act prejudicial to the maintenance of law and order on the part of the detenu is alleged to have been committed by the detenu between 14th March to 13th April, 1988 etc. without specifically denying those state ments. In thi... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... |
What is the summary of this judgment? | No. XIII of 1950. Application under article 32 (1) of the Constitution of India for a writ of habeas corpus against the detention of the appellant in the Madras jail in pursuance of an order of detention made under the. The material facts of the case and arguments of counsel are set out in detail in the judgments. The ... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | This Act may be called the. (2) It extends to the whole of India.. (3) It shall cease to have effect on the 1st day of April, 1951, as respects things done or omitted to be done before that date. 2. Definitions. In this Act, unless the context other wise requires, (a) "State Government" means, in relation to a Part C S... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | Power to make orders detaining certain persons. (1) The Central Government or the State Government may (a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to (i) the defence of India, the relations of India foreign power, or the security of India, or (ii)... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | 94 11. Confirmation of detention order. In any case where the Advisory Board has reported that* there is in Rs opinion suffcient cause for the detention of the person concerned, the Central Government or the State Government. as the case may be, may confirm the detention order and continue the detention of the person c... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | * * * 14. Disclosure of grounds of detention, etc. (1) No court shall, except for the purpose of a prosecution for an offence punishable under sub section (9,), allow any state ment to be made, or any evidence to be given. before it of the substance of any communication made under section 7 of the grounds on which a de... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | Rao, with him) for the petitioner. K. Rajah Aiyar, Advocate General of Madras (C. R. Pattabi Raman and R. Ganapathi, with him) lot the State of Madras. M.C. Setalvad, Attorney General for India (Jindralal, with him) for the Union of India. 95 1950. May 19. | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | The following Judgments were delivered. KANIA C. J This is a petition by the applicant under article 32 (1) of the Constitution of India for a writ of habeas corpus against his detention in the Madras Jail. In the petition he has given various dates showing how he has been under detention since December, 1947. Under th... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | He has also challenged the validity of the order on the ground that it is issued mala fide. The burden of proving that allegation is on the applicant. Because of the penal provisions of section 14 of the impugned Act the applicant has not disclosed the grounds, supplied to him, for his detention and the question of mal... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | In order to appreciate the rival contentions it is useful first to bear in mind the general scheme of the Constitution. Under article 53 of the Constitution the executive power of the Union is vested in the President and is to be exercised by him in accordance with the 96 Constitution either directly or through officer... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | Unlike the American Constitution, there is no article vesting the judicial power of the Union of India in the Supreme Court. The material points substantially altering the edifice are first in the Preamble which declares india a Sovereign Democratic Republic to secure to all its citizens justice, liberty and equality a... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | There fore, all laws in operation in India on the day the Consti tution came into force, unless otherwise saved, to the extent they are inconsistent with this Chapter on Fundamen tal Rights, become automatically void. Under article 13 (2) provision is made for legislation after the Constitution comes into operation. It... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | The rest of this Part is divided in seven divisions. "Right to Equality" is found in articles 14 18, "Eight to Freedom" in articles 19 22, "Right against Exploitation" in articles 23 and 24, "Right to Freedom of Religion" in articles 25 28, "Cultural and Educational Rights" in articles 29 and 30, "Right to Property" in... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | The petitioner is detained under a preventive detention order, made under Act IV of 1950, which has been passed by the Parliament of India. In the Seventh Schedule of the Constitution, List I contains entries specifying items in respect of which the Parliament has exclusive legislative powers. Entry 9 is in these terms... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | The contention of the peti tioner is that the impugned legislation abridges or in fringes the rights given by articles 19 21 and is also not in accordance with the permissive legislation on preventive detention allowed under articles 22 (4) and (7) and in particular is an infringement of the provisions of article 22 (5... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | (3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so far as it imposts, or prevent the State from making any law imposing, in the interests of public order 99 reasonable restrictions on the exercise of the right con ferred by the said sub clause. (4) Nothing in sub claus... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | Similarly clause (3) sets out the limit of abridgement of the right in 19 (1) (b) and clause (4) specifies such limits in respect of the right in 19 (1) (c). Clause (5) is in respect of the rights mentioned in 19 (1) (d), (e) and (f) and clause (6) is in respect of the rights contained in 19 (1) (g). It cannot be dispu... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | The inclusion of article 13 (1) and (2) in the Con stitution appears to be a matter of abundant caution. Even in their absence, if any of the fundamental rights was infiringed by any legislative enactment, the Court has always the power to declare the enactment, to the extent it transgresses the limits, invalid. The ex... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | So considered, the argument must clearly be rejected. In spite of the saving clauses (2)to(6) permitting abridge ment of the rights connected with each of them, punitive detention under several sections of the Penal Code, e.g., for theft, cheating, forgery and even ordinary assault, will be illegal. 'Unless such conclu... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | If there is a legislation directly attempting to control a citizen 's freedom of speech or expression, or his right to assemble peaceably and without arms, etc., the question whether that legislation is saved by the relevant saving clause of article 19 will arise. If, however, the legisla tion is not directly in respec... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | It was next urged that while this interpretation may meet the contention in respect of rights under article 19 (1) (a), (b), (c), (e) and (g), the right given by article 19 (1) (d) is left untouched. That sub clause expressly gives the right "to move freely throughout the territory of India. " It was argued that by the... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | Without those words also the article will bear the same meaning. Similarly, it was urged that the words "territory of India" in article 19 (1) (d) may be treated as superfluous, and preventive detention would thus be an abridgement of the right to move freely. In my opin ion, this rule of construction itself is faulty.... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | What is sought to be protected by that sub clause is the right to freedom of movement, i.e., without restriction, throughout the terri tory of India. Read with their natural grammatical. mean ing the sub clause only means that if restrictions are sought to be put upon movement of a citizen from State to State or even w... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | This position is made quite clear when clause (5) is read along with this sub clause. It permits the imposition of reasona ble. restrictions on the exercise of such right either in the interest of general public or the protection of the interest of any Scheduled Tribe. It is difficult to conceive of a reasonable restri... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
What is the summary of this judgment? | What protec tion of the interests of a Scheduled Tribe requires the confinement of a man in a cell ? On the other hand, pre venting the movement of a person from one part of the terri tory of India to another and the question of reasonable restriction imposed to protect the interests of a Scheduled Tribe is clearly int... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
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