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1 - 10 of 26 (0.25 seconds)Ichhu Devi Choraria vs Union Of India & Ors on 9 September, 1980
"The principal submission made by Miss Rani Jethamalani, learned Counsel for the petitioner, in this application for the issue of writ of habeas corpus is that copies of material documents referred to in the grounds of detention were not supplied to the detenu and he was thus prevented from making an effective representation. The documents about which the complaint is made are the Panchnama dated 15-1-1980 said to have been recorded at the time of the seizure of the silver and the statement said to have been made by the detenu in the enquiry under Section 108 of the Customs Act on 15-1-1980. Miss Jethamalani relied upon the decisions of this Court in Icchu Devi v. Union of India, and Smt. Shalini Soni v. Union of India, . No counter has been filed on behalf of the State of Maharashtra, but Shri O.P. Rana, learned Counsel for the State of Maharashtra, urged that the copies of the documents were not supplied to the detenu as the detenu was already aware of the contents of the documents. That is hardly an answer to the submission made on behalf of the detenu. The detenu was entitled to be supplied with copies of all material documents instead of having to rely upon his memory in regard to the contents of the documents. The failure of the detaining authority to supply copies of such documents vitiated the detention, as has been held by this Court in the two cases cited by Counsel. The detenu is, therefore, entitled to be released. He is accordingly directed to be released forthwith. The petition is allowed."
Section 427 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Frances Coralie Mullin vs W. C. Khambra & Ors on 27 February, 1980
The line of judgments on which the Supreme Court relied were; Ramachandra A. Kamat v. Union of India, , Frances Coralie Mullin v. W.C. Khambra, 1980 (2) SCC 272, Ichhu Devi Choraria v. Union of India, , Pritam Nath Hoon v. Union of India, , Tushar Thakker v. Union of India, , Lallubhai Jogibhai Patel v. Union of India, , Kirit Kumar Chaman Lal Kundaliya v. Union of India, , and Ana Carolina D 'Souza v. Union of India, 1981 Supp SCC 53(1).
Pritam Nath Hoon vs Union Of India & Others on 11 September, 1980
The line of judgments on which the Supreme Court relied were; Ramachandra A. Kamat v. Union of India, , Frances Coralie Mullin v. W.C. Khambra, 1980 (2) SCC 272, Ichhu Devi Choraria v. Union of India, , Pritam Nath Hoon v. Union of India, , Tushar Thakker v. Union of India, , Lallubhai Jogibhai Patel v. Union of India, , Kirit Kumar Chaman Lal Kundaliya v. Union of India, , and Ana Carolina D 'Souza v. Union of India, 1981 Supp SCC 53(1).
Shri. Tushar Thakker vs Union Of India (Uoi) And Ors. on 3 September, 1980
The line of judgments on which the Supreme Court relied were; Ramachandra A. Kamat v. Union of India, , Frances Coralie Mullin v. W.C. Khambra, 1980 (2) SCC 272, Ichhu Devi Choraria v. Union of India, , Pritam Nath Hoon v. Union of India, , Tushar Thakker v. Union of India, , Lallubhai Jogibhai Patel v. Union of India, , Kirit Kumar Chaman Lal Kundaliya v. Union of India, , and Ana Carolina D 'Souza v. Union of India, 1981 Supp SCC 53(1).
Lallubhai Jogibhai Patel vs Union Of India & Ors on 15 December, 1980
The line of judgments on which the Supreme Court relied were; Ramachandra A. Kamat v. Union of India, , Frances Coralie Mullin v. W.C. Khambra, 1980 (2) SCC 272, Ichhu Devi Choraria v. Union of India, , Pritam Nath Hoon v. Union of India, , Tushar Thakker v. Union of India, , Lallubhai Jogibhai Patel v. Union of India, , Kirit Kumar Chaman Lal Kundaliya v. Union of India, , and Ana Carolina D 'Souza v. Union of India, 1981 Supp SCC 53(1).
Kirit Kumar Chaman Lal Kundaliya vs Union Of India (Uoi) And Ors. on 30 January, 1981
The line of judgments on which the Supreme Court relied were; Ramachandra A. Kamat v. Union of India, , Frances Coralie Mullin v. W.C. Khambra, 1980 (2) SCC 272, Ichhu Devi Choraria v. Union of India, , Pritam Nath Hoon v. Union of India, , Tushar Thakker v. Union of India, , Lallubhai Jogibhai Patel v. Union of India, , Kirit Kumar Chaman Lal Kundaliya v. Union of India, , and Ana Carolina D 'Souza v. Union of India, 1981 Supp SCC 53(1).
Smt. Shalini Soni Etc vs Union Of India & Ors. Etc on 24 October, 1980
"The principal submission made by Miss Rani Jethamalani, learned Counsel for the petitioner, in this application for the issue of writ of habeas corpus is that copies of material documents referred to in the grounds of detention were not supplied to the detenu and he was thus prevented from making an effective representation. The documents about which the complaint is made are the Panchnama dated 15-1-1980 said to have been recorded at the time of the seizure of the silver and the statement said to have been made by the detenu in the enquiry under Section 108 of the Customs Act on 15-1-1980. Miss Jethamalani relied upon the decisions of this Court in Icchu Devi v. Union of India, and Smt. Shalini Soni v. Union of India, . No counter has been filed on behalf of the State of Maharashtra, but Shri O.P. Rana, learned Counsel for the State of Maharashtra, urged that the copies of the documents were not supplied to the detenu as the detenu was already aware of the contents of the documents. That is hardly an answer to the submission made on behalf of the detenu. The detenu was entitled to be supplied with copies of all material documents instead of having to rely upon his memory in regard to the contents of the documents. The failure of the detaining authority to supply copies of such documents vitiated the detention, as has been held by this Court in the two cases cited by Counsel. The detenu is, therefore, entitled to be released. He is accordingly directed to be released forthwith. The petition is allowed."