Court : Supreme Court of India
Reported in : AIR1972SC2256; (1972)2SCC550; [1973]1SCR751; 1973(5)LC269(SC)
I.D. DUA, J.1. This is a petition under Article 32 of the Constitution challenging the order of the petitioner's detention dated September 23, 1971 made by the District Magistrate, Howrah, under Section 3, Sub-section (1) and (2) of the Maintenance of Internal Security Act, 26 of 1971 (hereinafter called the Act). The petitioner Borjahan Gorey, who claims to be a labourer working in Gogalbhai Jute Mills was arrested on October 5, 1971 pursuant to the impugned order of detention. The grounds of detention were served on him on the same day. He made a representation to the State Government on October 25. 1971 which was duly considered by the said Government on October 29, 1971. His case was placed before the Advisory Board on November 1, 1971 as required by Section 10 of the Act and the said Board made its report on December 10, 1971. As in the opinion of the Board there was sufficient cause for the petitioner's detention the State Government confirmed the impugned order on December 23, 1...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2403; 1972(0)KLT725(SC); (1972)2SCC591; [1973]1SCR757; 1973(5)LC329(SC)
K.S. Hegde, J.1. In these appeals by certificate only one question arises for decision and that is whether Chandu, the undivided younger brother of Kelu or the grand-children of Kelu through his daughter were the legal heirs of Kelu.2. Before going into that question we may dispose of the contention advanced on behalf of the appellants that there is no satisfactory evidence to show that Chandu was the undivided brother of Kelu. The pleadings in this case proceed on the footing that Chandu and Kelu were the members of an undivided family. The evidence also discloses that fact. The judgments of the courts below proceed on that basis. Hence the appellants cannot now be permitted to raise the contention in this Court that Chandu is not proved to be the undivided brother of Kelu. In considering the question formulated above, we shall proceed on the basis that Kelu and Chandu were the members of an undivided family.3. Kelu was a Thiyya resident of Calicut Taluk (at present known as Kozhikode...
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