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1 - 9 of 9 (0.23 seconds)Chhagan Bagwan Kahar vs N.L. Kalna & Ors on 16 March, 1989
Admittedly in the first instance the detention order dated 14-
6-2016 issued against the petitioner under the Act of 2006 was
founded on 16 criminal cases. On challenge it was quashed by this
court on 19-9-2016. The present detention order dated 30-6-2018
passed by the District Magistrate and approved by the State
Government and then confirmed by it subsequent to the opinion of
the Advisory Board is founded upon 19 criminal cases. Of the
aforesaid 19 criminal cases, 16 cases are those which were reckoned
for in the first detention order dated 14-6-2016, which was quashed
by the court, as recorded hereinabove. Yet those 16 criminal cases
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have again been taken into consideration for passing the impugned
detention order dated 30-6-2018. The Apex Court in the case of
Chhagan Bhagwan Kahar Vs. N.L. Kalna (supra) has held that such
consideration of the material in subsequent detention order, which
were considered in the earlier detention order, nullifies the entire
subsequent order of detention.
Section 11 in Rajasthan Prevention of Anti-Social Activities Act, 2006 [Entire Act]
Frances Coralie Mullin vs W. C. Khambra & Ors on 27 February, 1980
Mr.S.S. Hora submitted that the representation submitted by
brother of the petitioner was decided by the State Government vide
order dated 13-7-2018 without dealing with the grounds taken in
the representation. The order rejecting the representation more so
after an unexplained delay of 8 days, was non-speaking and hence
the detention order dated 30-6-2018 is liable to be quashed also for
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this reason. Learned counsel in support of his submission placed
reliance on the judgment of the Apex Court in the case of Frances
Coralie Mullin Vs. W.C. Khambra [(1980)2 SCC 275].
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Rajasthan Prevention of Anti-Social Activities Act, 2006
The Indian Penal Code, 1860
Section 2 in Rajasthan Prevention of Anti-Social Activities Act, 2006 [Entire Act]
Section 14 in Rajasthan Prevention of Anti-Social Activities Act, 2006 [Entire Act]
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