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Documents citing Jabbarkhan Azadkhan Pathan vs State Of Gujarat on 16 December, 1999

Israil @ Israr Pahelvan Nazirahmed ... vs State Of Gujarat on 19 October, 2000

In case of Jabbarkhan Azadkhan Pathan (supra), the detaining authority had mentioned in grounds of detention that earlier orders of detention were referred to only to show the background (antecedent) of the petitioner. In that case also, the copies of documents with regard to earlier orders of detention were furnished to the petitioner. In that case also, it was stated that though a reference of earlier orders of detention was made in earlier part of the detention order, they were not taken into consideration for passing an order of detention which was challenged in that Special Civil Application No. 3817 of 1999. This Court (Coram: A. L. Dave, J.) has observed in Para 18 as follows :-
Gujarat High Court Cites 61 - Cited by 2 - Full Document

Baldev @ Bali Virbhanu Dangar (Ahir) vs State Of Gujarat & 2 on 11 September, 2014

23. As against settled legal position, petitioner has relied upon cases of Jabbarkhan Azadkhan Pathan vs. State of Gujarat and Chhagan Bhagwan Kahar vs N. L. Kalma & Ors. reported in 1990 (1) GLR 286, wherein the single judge of this High Court has held that previous order of detention should not be taken into consideration either as a whole or in part along with fresh case of detention for recording subjective satisfaction. If we perused both these judgments the sole issue before the Court in such reported cases was with reference to consideration of previous ground of detention for coming to a conclusion that detenue was engaged in particular activity and therefore it was held that order of detention is vitiated on the ground along with other material, though Apex Court has not approved such consideration, these judgments are not applicable in the present case in as much as at present there is no such facts or submissions by either side and therefore only because detention order is quashed and set aside in same case on same grounds such judgments cannot be relied upon at such pre - execution stage.
Gujarat High Court Cites 40 - Cited by 0 - S G Shah - Full Document

Ramdevbhai Laxmanbhai Dangar (Ahir) vs State Of Gujarat & 2 on 11 September, 2014

23. As against settled legal position, petitioner has relied upon cases of Jabbarkhan Azadkhan Pathan vs. State of Gujarat and Chhagan Bhagwan Kahar vs N. L. Kalma & Ors. reported in 1990 (1) GLR 286, wherein the single judge of this High Court has held that previous order of detention should not be taken into consideration either as a whole or in part along with fresh case of detention for recording subjective satisfaction. If we perused both these judgments the sole issue before the Court in such reported cases was with reference to consideration of previous ground of detention for coming to a conclusion that detenue was engaged in particular activity and therefore it was held that order of detention is vitiated on the ground along with other material, though Apex Court has not approved such consideration, these judgments are not applicable in the present case in as much as at present there is no such facts or submissions by either side and therefore only because detention order is quashed and set aside in same case on same grounds such judgments cannot be relied upon at such pre - execution stage.
Gujarat High Court Cites 40 - Cited by 0 - S G Shah - Full Document

Ranchhodbhai Ramjibhai Gonani (Koli) vs State Of Gujarat & 2 on 11 September, 2014

23. As against settled legal position, petitioner has relied upon cases of Jabbarkhan Azadkhan Pathan vs. State of Gujarat and Chhagan Bhagwan Kahar vs N. L. Kalma & Ors. reported in 1990 (1) GLR 286, wherein the single judge of this High Court has held that previous order of detention should not be taken into consideration either as a whole or in part along with fresh case of detention for recording subjective satisfaction. If we perused both these judgments the sole issue before the Court in such reported cases was with reference to consideration of previous ground of detention for coming to a conclusion that detenue was engaged in particular activity and therefore it was held that order of detention is vitiated on the ground along with other material, though Apex Court has not approved such consideration, these judgments are not applicable in the present case in as much as at present there is no such facts or submissions by either side and therefore only because detention order is quashed and set aside in same case on same grounds such judgments cannot be relied upon at such pre - execution stage.
Gujarat High Court Cites 40 - Cited by 0 - S G Shah - Full Document

Jadhavbhai Ramjibhai Gonani (Ahir) vs State Of Gujarat & 2 on 11 September, 2014

23. As against settled legal position, petitioner has relied upon cases of Jabbarkhan Azadkhan Pathan vs. State of Gujarat and Chhagan Bhagwan Kahar vs N. L. Kalma & Ors. reported in 1990 (1) GLR 286, wherein the single judge of this High Court has held that previous order of detention should not be taken into consideration either as a whole or in part along with fresh case of detention for recording subjective satisfaction. If we perused both these judgments the sole issue before the Court in such reported cases was with reference to consideration of previous ground of detention for coming to a conclusion that detenue was engaged in particular activity and therefore it was held that order of detention is vitiated on the ground along with other material, though Apex Court has not approved such consideration, these judgments are not applicable in the present case in as much as at present there is no such facts or submissions by either side and therefore only because detention order is quashed and set aside in same case on same grounds such judgments cannot be relied upon at such pre - execution stage.
Gujarat High Court Cites 40 - Cited by 0 - S G Shah - Full Document

Arjun Rambhai Jahu vs State Of Gujarat & 2 on 11 September, 2014

23. As against settled legal position, petitioner has relied upon cases of Jabbarkhan Azadkhan Pathan vs. State of Gujarat and Chhagan Bhagwan Kahar vs N. L. Kalma & Ors. reported in 1990 (1) GLR 286, wherein the single judge of this High Court has held that previous order of detention should not be taken into consideration either as a whole or in part along with fresh case of detention for recording subjective satisfaction. If we perused both these judgments the sole issue before the Court in such reported cases was with reference to consideration of previous ground of detention for coming to a conclusion that detenue was engaged in particular activity and therefore it was held that order of detention is vitiated on the ground along with other material, though Apex Court has not approved such consideration, these judgments are not applicable in the present case in as much as at present there is no such facts or submissions by either side and therefore only because detention order is quashed and set aside in same case on same grounds such judgments cannot be relied upon at such pre - execution stage.
Gujarat High Court Cites 40 - Cited by 0 - S G Shah - Full Document

Nileshbhai @ Nilu Jayantilal Modi Thru ... vs State Of Gujarat on 22 October, 2020

8. Pertinently, the detaining authority, after referring to the registration of the first information report with Singalpor-Dabholi Police Station, Surat City for the offence under provisions of the Gujarat Prohibition Act, has also referred to various detention orders passed during the years 2001 to 2016 as well as the orders passed by this Court quashing the detention order. This Court in the judgment in the case of Jabbarkhan Azadkhan Pathan vs. State of Gujarat, while referring to the earlier judgment in the case of Chhagan Bhagwan Kahar (supra), has in para 11 observed thus:
Gujarat High Court Cites 8 - Cited by 0 - S K Vishen - Full Document
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