Advanced Search Results

Km. Indu Mishra and Etc. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3 and 8

Reported in : 2003CriLJ4944

as below :-- 'The provisions in the COFEPOSA Act and PITNDPS Act differ from those contained in the National Security Act, 1980 as well as earlier Preventive Detention Laws, namely, the Preventive Detention Act, 1950 and the Maintenance of Internal … decide representation of detenu after 12 days or after approval by the State Government. He further contended that Section 8 of the Act requires that the authority making the detention order is under obligation to afford the detenu

Kamleshkumar Ishwardas Patel Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3 and 11 and 11(1); General Clauses Act, 1897 - Sections 21; Constitution of India - Articles 21 and 22(4) and (5); Preventive Detention Act, 1950; Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Sections 3 and 12

Reported in : 1996(53)ECC123; JT1995(3)SC639; 1995(2)SCALE681; (1995)4SCC51; [1995]3SCR279

provisions in COFEPOSA Act and PIT Narcotic Drugs & Psychotropic Substances Act differ from those contained in the National Security Act, 1980 as well as earlier preventive detention laws, namely, the Preventive Detention Act, 1950, the Maintenance of Internal Security … days after the making thereof unless, in the meantime, it has been approved by the State Government. In Section 8(1) of the National Security Act it is prescribed that the authority making the order shall afford the person

Sunil S/O Sadashiv Ghate Vs. the State of Maharashtra and Others

Court : Mumbai

Subject : Criminal

Acts : Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981 - Sections 3(2,3), 8, 9, 10 12, 13 and 14; Constitution of India - Article 22(5); Bombay General Clauses Act, 1904 - Sections 21; National Security Act, 1980 - Sections 8(1) and 14; COFEPOSA Act - Sections 3 and 11; PIT NDPS Act - Sections 3 and 12; Prevention Detention Act, 1950; Maintenance of Internal Security Act, 1971; General Clauses Act, 1897

Reported in : 2000(5)BomCR827; 2000BomCR(Cri)827; 2000CriLJ3709; 2000(4)MhLj386

Maharashtra and another 1998 (1) BCC 267, wherein the Court was seized with a detention matter under the National Security Act, 1980 and having considered the cases of Kamleshkumar and Veermani (cited supra), held that--- 'Even if we do not … 12 days after making thereof, or until it has been approved by the State Government, whichever is earlier.9. Section 8 of the MPDA Act complies with the mandate of Clause (5) of Article 22 of the Constitution of

WasiuddIn Ahmed Vs. District Magistrate, Aligarh, U.P. and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 22(5) and 32; National Security Act, 1980 - Sections 8; Code of Criminal Procedure (CrPC) , 1973 - Sections 144 and 173(5)

Reported in : AIR1981SC2166; 1981CriLJ1825; 1981(3)SCALE1629; (1981)4SCC521

dated February 21, 1981 passed by the District Magistrate, Aligarh, under Sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act'), on his being satisfied that his detention was necessary with a view … allegations made by the detenu and unequivocally state that the constitutional safeguards of Article 22(5) and that of Section 8 of the Act, have been strictly complied with. They allege that the detenu on his being taken into

Bhaba Tahu @ Anjol Payeng @ Nibaran Gogoi Vs. Union of India (Uoi) and ...

Court : Guwahati

Subject : CriminalConstitution

Acts : National Security Act, 1980 - Sections 8

are said to have been furnished only on 10.1.2000, i.e. to say, after 12 days of the detention.7. Section 8 of the National Security Act, 1980 provides that the authority shall communicate the grounds of detention to the … of detention dated 29.12.1999 passed by the District Magistrate, Jorhat under Sub-section (2) of Section 3 of the National Security Act, 1980.2. We have heard Mr. BD Konwar, learned counsel for the petitioner and Mr. BC Das, learned counsel for

Anand Prakash Vs. the State of Uttar Pardesh and Others

Court : Supreme Court of India

Subject : CriminalConstitution

Acts : National Security Act, 1980 - Sections 8; Indian Penal Code (IPC), 1860 - Sections 379 and 411

Reported in : AIR1990SC516; 1990(1)Crimes265(SC); JT1989(4)SC554; 1989(2)SCALE1326; (1990)1SCC291; [1989]Supp2SCR479

releasing the said detenu from such detention. The order of detention was made under Section 8 of the National Security Act, 1980 by the District Magistrate on the ground that with a view to prevent the detenu from indulging in

Rajendran Vs. the Union of India, Rep by the Secretary, Government of ...

Court : Chennai

Subject : CriminalConstitution

Acts : Constitution of India - Article 22(5); National Security Act, 1980 - Sections 3(2) and 14; COFEPOSA Act, 1974 - Sections 11; General Clauses Act, 1897 - Sections 8, 11 and 21

Reported in : 2000CriLJ2876; 2000(2)CTC469

1999 are dismissed. Criminal - representation - Article 22 of Constitution of India, Sections 3 and 14 of National Security Act, 1980, Section 11 of COFEPOSA Act, 1974 and Sections 8, 11 and 21 of General Clauses Act, 1897 - whether

Fatmabi Sheikh Bhikan Alias Sunabi Vs. Commissioner of Police, Pune an ...

Court : Mumbai

Subject : Criminal

Acts : National Security Act, 1980 - Sections 8; Constitution of India - Article 22(5)

Reported in : 1993(1)BomCR43; (1992)94BOMLR348

Commissioner of Police, Pune. The order in question, dated 10-3-1992 has been passed under the provisions of the National Security Act, 1980, on a series of grounds being the basis on which the Detaining Authority was of the view that … 45 and 46 of the paper book: ' I am directed to communicate to you as required under section 8 of the N.S. Act, 1980 r/w Article 22(5) of the Constitution of India, the aforesaid grounds on which

Th. Ibochou Singh Vs. State of Manipur and anr.

Court : Guwahati

Subject : Criminal

Acts : National Security Act, 1980 - Sections 2, 3(1), 3(2), 3(4), 8, 8(1), 9, 10, 13, 14 and 80

passed by the District Magistrate Imphal West on 23-1-2004 directing the detention of the said detenu under the National Security Act, 1980 and subsequent approval and confirmation of the said order by the State Government (Annexures A/1, A/2 and A/2-1).2. … latter purposes, in addition to Central/State Government specifically authorised District Magistrate(s)/Commissioner(s) of Police can also issue orders of detention.Section 8(1) of the Act enjoins upon the detaining authority to communicate the detenu the grounds of detention within five

Mahamani Vs. the Union of India Rep. but Its Secretary Ministry of Hom ...

Court : Chennai

Subject : CriminalConstitution

Acts : Constitution of India, Articles 22(5) and 226; National Security Act, 1890 -- Sections 10; National Security Act, 1980; Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders and Slum-Grabbers Act, 1982 -- Sections 3, 8, 9, 10, 11 and 12; Indian Penal Code (IPC), 1860 -- Sections 124-A, 153-A(1), 153-B(1) and 268; Code of Criminal Procedure (CrPC) , 1973 -- Sections 313

Reported in : 2000(1)CTC44

formulate the above point for reference are as follows.3. The detenu namely Guna @ Gunasekaran was detained under National Security Act, 1980 by an order dated 26.2.1999. The petitioner who is the friend of the detenu has filed this writ … therefore, fully cognisant of his right to make a representation under Article 22(5) of the Constitution and under Section 8 or the Act.'Learned Additional Government Pleader for Central Government contended that if the order was translated and explained