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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 (Downloaded on 29/06/2019 at 12:01:22 AM) 13 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.
Supreme Court of India Cites 14 - Cited by 121 - S R Pandian - Full Document

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 (Downloaded on 29/06/2019 at 12:01:22 AM) 10 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].
Supreme Court of India Cites 7 - Cited by 118 - O C Reddy - Full Document
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