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1 - 10 of 30 (0.98 seconds)Rajasthan Prevention of Anti-Social Activities Act, 2006
Section 392 in The Indian Penal Code, 1860 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 387 in The Indian Penal Code, 1860 [Entire Act]
Section 379 in The Indian Penal Code, 1860 [Entire Act]
Mrs. T. Devaki vs Government Of Tamil Nadu And Ors on 7 March, 1990
(vi) Ld. counsel Ms. Datta for the petitioner has placed reliance on the decision of the Apex Court in the case of Mrs.T. Devki v. Government of Tamil Nadu & Others, reported in AIR 1990 SC 1086. In the said decision, order of detention was turned down by the Apex Court mostly on the vital facts reflected in paras 19 & 20 of the said decision. Detenu was the member of registered political party AIDMK and was active social and political worker. He was elected Member of the Tamil Nadu Legislative Assembly from Srivilliputhur Constituency in the General Elections held in 1977, 1980 and 1984. It was submitted that on account of the incident occurred in the presence of the Minister of Public Works Department sitting on the dias, when detaining authority namely the District Magistrate of Kamarajar district who was admittedly present in the Seminar, the order of detention came to be passed against the detenu. The Apex Court held that detaining authority must have relied on its own observations and knowledge instead of the report of sponsoring authority while reaching to the requisite satisfaction. In reference to this set of facts, the Apex Court observed that a solitary assault on one individual by the detenu can hardly be said to disturb public peace or place public order in jeopardy so much as to bring the case within the purview of the Act. The facts of the present case are totally different and no such extraneous consideration is peeping out and so this decision also would not help the petitioner at all.
Ashokbhai Jivraj @ Jivabhai Solanki vs Police Commissioner on 1 October, 1999
(b) In another Division Bench decision of this Court in the case of Ashokbhai Jivraj @ Jivabhai Solanki v/s Police Commissioner, Surat & Ors., reported in 2000(1) GLH 393, this Court while dealing with the case of the person involved in theft cases, has quashed the order of detention holding that the activities of the detenu, cannot be said to be the activities affecting the public order.
Premsing @ Pallu Jesing Rajput vs State Of Gujarat on 3 March, 1999
7. It is argued that ld. Single Judge while dealing with the case of Premsing Rajput (supra), was not assisted properly and the decision of the Division Bench of this Court in Spl.C.A. No. 1681/1992 should have been brought to the notice and had it been done, the finding recorded by the ld. Single Judge in Premsing Rajput's case (supra) could have been otherwise. The petitioner is found involved in the offences punishable under Chapter XVII of IPC.
Mustakmiya Jabbarmiya Shaikh vs M.M. Mehta, Commissioner Of Police And ... on 23 March, 1995
In para 3.3 of the decision, after referring the decision of Mustakmiya Jabbarmiya Shaikh v/s Commissioner of Police, reported in 1995(2) GLR 1208, this Court has held that :-