Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Court: gujarat Year: 1986 Page 1 of about 1 results (0.215 seconds)

Vedprakash Devkinandan Chiripal and Etc. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : AIR1987Guj253; (1987)2GLR1345

..... entertained writ petitions under art. 226 of the constitution even before the surrender of the detenu concerned and quashed the same. in those decisions, the government took up a preliminary objection regarding the maintainability of such petitions on the ground that the detenu had not yet surrendered as per the detention order. repelling those objections, the bombay high court ..... constitution, along with art. 22 and the procedure established by law for the purpose of preventive detentions. the provision to enact preventive detention laws is incorporated in the chapter declaring the fundamental rights. hence any procedure established by law has to be given effect to and the party should not be allowed to circumvent the same by invoking ..... may extend to one year or with fine or with both. (2) notwithstanding anything contained in the code of criminal procedure, 1973, every offence under clause (b) of sub-s. (1) shall be cognisable.' section 8 of the act deals with the constitution of advisory boards and their powers.6. special criminal application no. 427 of 1986 deals with the case ..... this stage if the petitioner's contention is accepted and the prayer of the petitioner is granted, the purpose of the act would be frustrated which essentially operates in suspicion jurisdiction.'the bench has further observed-'the very chapter of fundamental rights which guarantees and protects individual liberty has provided for the preventive detention also. therefore, while giving utmost importance .....