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1 - 10 of 31 (0.39 seconds)Article 21 in Constitution of India [Constitution]
Article 22 in Constitution of India [Constitution]
The Indian Penal Code, 1860
Additional Secretary To The Government ... vs Smt. Alka Subhash Gadia And Anr on 20 December, 1990
7. As we see it, the present case does not fall under any of
the aforesaid five exceptions for the Court to interfere. It
was contended that these exceptions are not exhaustive.
We are unable to agree with this submission. Alka Subhash
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NEUTRAL CITATION
R/SCR.A/5574/2024 JUDGMENT DATED: 09/05/2024
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Gadia case, 1992 (Suppl.) (1) SCC 496 shows that it is only
in these five types of instances that the Court may exercise
its discretionary jurisdiction under Art. 226 or Art. 32 at the
preexecution stage. The petitioner had sought to contend
that the order which was passed was vague, extraneous
and on irrelevant grounds but there is no material for
making such an averment for the simple reason that the
order of detention and the grounds on which the said order
is passed has not been placed on record inasmuch as the
order has not yet been executed. The petitioner does not
have a copy of the same, and therefore, it is not open to the
petitioner to contend that the nonexistent order was passed
on vague, extraneous or on irrelevant grounds."
The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976
Article 32 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
Preventive Detention Act, 1950
Bani Singh & Ors vs State Of U.P on 9 July, 1996
In that view of the matter, the decision rendered in
Bani Singh v. State of U.P., reported in AIR 1996 SC 2439,
will be required to be followed by this Court, and I
respectfully follow the same.