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Amalesh Singh vs State Of Jharkhand & Ors on 10 July, 2009 cites

Jagadish Prasad Gupta Detenu Central ... vs The State Of Andhra Pradesh And Anr. on 28 October, 1974

Other submission on which the order of detention has been sought to be quashed or be declared invalid is that order of detention passed under section 12(2) needs to be approved in terms of section 12(3) of the Act within 12 days from the date of order but in the instant case, the order in terms of section 12(3) 7 has been passed on the 13th day and as such, order of detention in view of the decision rendered in a case of Jagadish Prasad Gupta vs State of Andhra Pradesh and another (supra) is invalid.
Andhra HC (Pre-Telangana) Cites 13 - Cited by 3 - Full Document

Smt. Bimla Dewan vs Lieutenant Governor Of Delhi on 30 July, 1982

Further it be noted that the Respondent no.4 in drawing his satisfaction has taken into consideration certain cases, reference of which has already been given, in which the petitioner had been acquitted and therefore, on the basis of the ratio laid down in a case of Smt. Bimla Dewan vs. Lieutenant- Governor of Delhi (supra) impugned orders have been sought to be quashed as the same has been passed without application of mind. It is true that the reference of some cases, in which petitioner is said to have been acquitted, have been given under the order of detention but that cannot be a ground for holding order of detention to be bad particularly in view of the introduction of section 12-A in the Act in 1993 which reads as follows:
Supreme Court of India Cites 11 - Cited by 12 - A Varadarajan - Full Document

Chowdarapu Raghunandan vs State Of Tamil Nadu And Others on 15 March, 2002

Thus, even if reference of some cases which are non- existent, non-relevant are there it would not make order of detention invalid. In this respect, I may refer to a decision rendered in a case of Attorney General of India etc. vs. Amratlal Prajivandas and others (AIR 1994 SC 2179) wherein it has been held that the order of detention can be based only on one ground as even one prejudicial act can be treated as sufficient for forming the subjective satisfaction for detaining a person. It has been clarified that if three grounds of detention are there and two of the grounds for detention are either vague or irrelevant but third ground is relevant, the order of detention cannot be held to be invalid. Similar view has been reiterated in the case of Choudarapu Raghunandan vs. State of Tamil Nadu and others (AIR 2002 SC 1460) .
Supreme Court of India Cites 5 - Cited by 37 - M B Shah - Full Document

Jitender Tyagi vs Delhi Administration & Anr on 3 October, 1989

Submission advanced in this respect is contrary to law laid down by the Hon'ble Supreme Court in a case of Jitendra Tyagi vs. Delhi Administration and another (AIR 1990 SC 487) wherein the question posed before the Hon'ble Supreme Court was that in computing the period of 12 days within which detention order passed by an officer under section 3(2) of the National Security Act is to be approved by the State Government, the day on which the order of detention is passed, is to be excluded. The Court on taking note of the provision as contained in sub-section (4) of Section 3 giving clear indication as to the computation of 12 days held that the period of 12 days has to be calculated after making the order of detention. Thus, it has been held that the day on which the order or detention was passed is to be excluded in computing 12 days. Similar provision as that of sub-section (4) of Section 3 appears to be there in Bihar Control of Crimes Act in section 12(3) and therefore, no other conclusion than what has arrived at in the aforesaid decision could be drawn and therefore, the day on which the impugned order (Annexure 1) was passed is to be excluded in computing 12 days and under this situation, the detention order can certainly be said to have been approved in terms of Section 12(3) within 12 days.
Supreme Court of India Cites 22 - Cited by 22 - M M Dutt - Full Document
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