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Showing 561 to 580 of 609 Records

  • 1984 (1) TMI 332

    ... ...
    ... ... vided under Section 59 of the Act. 4. In this view of the matter, this appeal succeeds and is allowed. The order of the Board is set aside. The appellant is not found guilty of any charge framed against him and he is, thus liable to no penalty.

  • 1984 (1) TMI 190

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    ... ... reduced from Rs. 6,000/- to Rs. 5,000/- only. 5. emsp Consequently, S.A.O No. 53 of 1983, fails and is dismissed whereas S.A.O. No. 67 of 1982 is partly accepted to the extent that the penalty imposed is reduced from Rs. 6,000/- to Rs. 5,000/- only.

  • 1983 (9) TMI 201

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    ... ... ts, we hold that the learned Collector was unjustified in directing confiscation of the cash amount and imposing the penalty. We, therefore, set aside his order and direct that the cash seized from the house of the appellant shall be returned to him.

  • 1983 (3) TMI 259

    Whether the detaining authority had applied its mind to the relevant facts and circumstances bearing on the question of the petitioner s detention? - Held that - The order of detention was issued, that is to say passed, on November 7, 1981 and we must have regard to the state of circumstances which were in existence on that date. Shri Capoor seems to suggest that the Advisory Board s opinion dated October 19, 1981 came into existence after he had....... + More

  • 1983 (3) TMI 170

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    ... ... and amended from time to time at the sweet will and pleasure of the parties. The said contract could not be regarded as any firm commitment. On this ground alone the petitioner is not entitled to any relief. 86.The petitions are dismissed with costs.

  • 1982 (10) TMI 206

    Whether such delay was justified by existence of any exceptional circumstances as required by s. 3 (3) of the COFEPOSA for in the absence of exceptional circumstances delay beyond normal period of five days would be a breach of the constitutional as well as the legislative mandate? - Held that - In the instant case, for instance, if the alleged exceptional circumstances were communicated to the detenu at the time of the delayed supply of the conc....... + More

  • 1982 (7) TMI 264

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    ... ... f his own wrong. This is not the department’s case in the present matter. 8.  In the result, the rule is made absolute in terms of prayers (a) and (b). The respondents to pay the costs of the petition to the petitioner on the usual scale.

  • 1982 (5) TMI 179

    Whether the detention continued to be justified on the date of the report of the Advisory Board, even if it was justified on the date of the making of the order of detention? - Held that - The order of detention was made on 7.1.82 and the consideration by the Advisory Board was on 8.2.82. The passage of time was not so long nor had any circumstances intervened to justify any compartment-wise consideration of the justification for the detention on....... + More

  • 1981 (12) TMI 177

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    ... ... We may now note that the lacuna which seems to exist has to be met by the Legislature and not by the Court. In the circumstances, we have to grant the present writ of habeas corpua and accordingly we order that the petitioner be released forthwith.

  • 1981 (11) TMI 175

    Whether the failure of the State Government of Punjab to forward the representation made by the detenu to the Central Government for revocation of his order of detention under Section 11 of the Act with reasonable despatch renders his continued detention invalid? - Held that - In the present case, there was, therefore, no denial of the right of making a representation to the Central Government for revocation of the order of detention under Sectio....... + More

  • 1981 (10) TMI 174

    Validity of an order dated March 27, 1981 passed by respondent 1, the State of Punjab, under section 3(1) of the Conservation of Foreign enchange and Prevention of Smuggling Activities Act, 1974 challenged - Held that - The failure in this case on the part either of the Jail Superintendent or the State Government to forward the detenu s representation to the Central Government has deprived the detenu of the valuable right to have his detention re....... + More

  • 1981 (10) TMI 173

    Whether the order of detention has been passed on the materials before it? - Held that - It has been stated in the affidavit that the entire record was placed before the Home Minister who after careful consideration of the entire record has passed the impugned order of detention and that he (Mr. Shah) only authenticated the impugned order of detention in accordance with sub-clause (2) of Article 166 of the Constitution of India. As the order has ....... + More

  • 1981 (9) TMI 295

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    ... ... in Section 3 of the Act is the satisfaction of the detaining authority and not of the Court. The judgment of the High Court, therefore, is liable to be set aside. We set aside the order of the High Court and allow the appeal. G S.R. Appeal allowed.

  • 1981 (8) TMI 216

    Whether the detention is to be continued beyond a period of three months or not? - Whether there was unreasonable delay on the part of the State Government in considering the representation of the detenu? - Held that - The only inhibition on the detaining authority is that it cannot lawfully continue the detention for a period longer than three months unless the Advisory Board has, before the expiration of the period of three months, reported tha....... + More

  • 1981 (6) TMI 131

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    ... ... the detention. We accordingly quash the order of detention of the State Government, dated" 31st January, 1981 under section 3(1) of the COFEPOSA Act and direct the respondents herein to set the petitioner at liberty. Order of detention quashed.

  • 1981 (5) TMI 115

    Legality of the detention of Jahaubar Moulana under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Held that - Reading of the entire counter affidavit makes it clear that in the opinion of the detaining authority, prosecution or no prosecution, the only effective way of preventing Jahaubar Moulana from engaging himself in objectionable activities was to detain him. Appeal dismissed........ + More

  • 1981 (3) TMI 255

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    ... ... municated to the detenu. This not having been done in the present case we have no option but to declare the detention unconstitutional. We order accordingly, allow the appeal and direct that the appellant be set at liberty forthwith. Appeal allowed.

  • 1981 (1) TMI 273

    Right of a detenu under COFEPOSA Act - interview with a lawyer and the members of his family - preventive detention and punitive detention right to life in detention. ....... + More

  • 1981 (1) TMI 251

    Whether or not the documents demanded by the detenu were relevant was decided not by the Minister who was the detaining authority but by the Secretary? - Held that - it is absolutely clear to us that whether the documents concerned are referred to, relied upon or taken into consideration by the detaining authority they have to be supplied to the detenu as part of the grounds so as to enable the detenu to make an effective representation immediate....... + More

  • 1980 (12) TMI 182

    Whether detention of the detenu was illegal? - Held that - The materials and documents which were not supplied to the detenu were evidently a part of those materials which had influenced the mind of the detaining authority in passing the order of detention. They were a part of the basic facts and materials, and therefore, should have been supplied to the detenu ordinarily within five days of the order of detention, and, for exceptional reasons to....... + More

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