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Subhash Popatlal Dave vs Union Of India & Anr on 16 July, 2013

45. Nowhere in Alka Subhash Gadia case has it been indicated that challenge to the detention order at the pre-execution stage, can be made mainly on the aforesaid exceptions referred to hereinabove. By perfecting the five exceptions in which the courts could interfere with an order of detention at the pre-execution stage, with the expression viz . Their Lordships possibly never intended that the said five examples were to be exclusive (sic exhaustive). In common usage or parlance the expression viz . means in other words . There is no aura of finality attached to the said expression. The use of expression suggests that the five examples were intended to be exemplars and not exclusive (sic exhaustive). On the other hand, the Hon'ble Judges clearly indicated that the refusal to interfere on any other ground did not amount to the abandonment of the said power.
Supreme Court of India Cites 57 - Cited by 371 - A Kabir - Full Document
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