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1 - 10 of 24 (0.91 seconds)Section 135 in Bombay Police Act, 1951 [Entire Act]
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Dr. Ram Manohar Lohia vs State Of Bihar And Others on 7 September, 1965
26. So far as the cases against the detenu are concerned, they have already been registered. They were against persons mentioned therein which is stated in the grounds of detention by the detaining authority. Regarding two statements, having taken into account the law laid down by the Supreme Court in Ram Manohar Lohia vs. State of Bihar, AIR 1966 SC 740 and reiterated from time to time including the decisions referred to by us hereinabove, the case falls under the maintenance of "law and order" and not "public order". The subjective satisfaction arrived at by the detaining authority, therefore, cannot be said to be legal, valid and in accordance with law. Since in the facts and circumstances, an order of detention could have been passed by the detaining authority for maintenance of "public order", the order deserves to be quashed and is hereby set aside. The detenu is ordered to be set at liberty forthwith unless required in any other case. Appeal is accordingly allowed. No order as to costs. Before parting with the matter, we may observe that recently, we have come across few cases wherein no counter-affidavits are filed by the respondents. It is settled law that whenever an order of detention is challenged by a detenu or by his "next friend", it is the duty of the authorities to justify the action by filing counter-affidavit preferably by the detaining authority himself, unless there are circumstances which may justify filing of affidavit by an officer or authority other than the detaining authority (vide Halsbury's Laws of England, 4th edition, Vol.
Mohd. Subrati Alias Mohd. Karim vs State Of West Bengal on 14 November, 1972
11, paras 1492-95; pp 791-93; Mohd. Subrati vs. State of W.B., AIR 1973 SC 207; Kanu Sanyal vs. District Magistrate, Darjeeling, AIR 1973 SC 2684' Khudram v. State of W.B. ,AIR 1975 SC 550; Ranjit Singh vs. State of Pepsu, AIR 1959 SC 843; Dulal vs. State of W.B., AIR 1974 SC 2561; Abdul Gaffar vs. State of W.B., AIR 1975 SC 1496; Krishna Murari vs. Union of India, air 1975 SC 1877; Shaikh Hanif vs. State of W.B. AIR 1974 SC 679; Vijay Narain vs. State of Bihar, AIR 1984 SC 1334; Suraj Pal vs. State of Mahrashtra, AIR 1986 SC 2177).
Kanu Sanyal vs District Magistrate, Darjeeijng & Ors on 11 September, 1973
11, paras 1492-95; pp 791-93; Mohd. Subrati vs. State of W.B., AIR 1973 SC 207; Kanu Sanyal vs. District Magistrate, Darjeeling, AIR 1973 SC 2684' Khudram v. State of W.B. ,AIR 1975 SC 550; Ranjit Singh vs. State of Pepsu, AIR 1959 SC 843; Dulal vs. State of W.B., AIR 1974 SC 2561; Abdul Gaffar vs. State of W.B., AIR 1975 SC 1496; Krishna Murari vs. Union of India, air 1975 SC 1877; Shaikh Hanif vs. State of W.B. AIR 1974 SC 679; Vijay Narain vs. State of Bihar, AIR 1984 SC 1334; Suraj Pal vs. State of Mahrashtra, AIR 1986 SC 2177).
Dulal Chandra Majumdar vs The State Of West Bengal on 5 November, 1974
11, paras 1492-95; pp 791-93; Mohd. Subrati vs. State of W.B., AIR 1973 SC 207; Kanu Sanyal vs. District Magistrate, Darjeeling, AIR 1973 SC 2684' Khudram v. State of W.B. ,AIR 1975 SC 550; Ranjit Singh vs. State of Pepsu, AIR 1959 SC 843; Dulal vs. State of W.B., AIR 1974 SC 2561; Abdul Gaffar vs. State of W.B., AIR 1975 SC 1496; Krishna Murari vs. Union of India, air 1975 SC 1877; Shaikh Hanif vs. State of W.B. AIR 1974 SC 679; Vijay Narain vs. State of Bihar, AIR 1984 SC 1334; Suraj Pal vs. State of Mahrashtra, AIR 1986 SC 2177).
Abdul Gaffer vs State Of West Bengal on 20 January, 1975
11, paras 1492-95; pp 791-93; Mohd. Subrati vs. State of W.B., AIR 1973 SC 207; Kanu Sanyal vs. District Magistrate, Darjeeling, AIR 1973 SC 2684' Khudram v. State of W.B. ,AIR 1975 SC 550; Ranjit Singh vs. State of Pepsu, AIR 1959 SC 843; Dulal vs. State of W.B., AIR 1974 SC 2561; Abdul Gaffar vs. State of W.B., AIR 1975 SC 1496; Krishna Murari vs. Union of India, air 1975 SC 1877; Shaikh Hanif vs. State of W.B. AIR 1974 SC 679; Vijay Narain vs. State of Bihar, AIR 1984 SC 1334; Suraj Pal vs. State of Mahrashtra, AIR 1986 SC 2177).
Krishna Murari Aggarwala vs The Union Of India & Ors on 15 July, 1975
11, paras 1492-95; pp 791-93; Mohd. Subrati vs. State of W.B., AIR 1973 SC 207; Kanu Sanyal vs. District Magistrate, Darjeeling, AIR 1973 SC 2684' Khudram v. State of W.B. ,AIR 1975 SC 550; Ranjit Singh vs. State of Pepsu, AIR 1959 SC 843; Dulal vs. State of W.B., AIR 1974 SC 2561; Abdul Gaffar vs. State of W.B., AIR 1975 SC 1496; Krishna Murari vs. Union of India, air 1975 SC 1877; Shaikh Hanif vs. State of W.B. AIR 1974 SC 679; Vijay Narain vs. State of Bihar, AIR 1984 SC 1334; Suraj Pal vs. State of Mahrashtra, AIR 1986 SC 2177).