Court : Supreme Court of India
Reported in : AIR1974SC2255; 1975CriLJ1; (1975)77PLR243; (1975)3SCC535; [1975]1SCR524
P.N. Bhagwati, J.1. Since we are disposing of this appeal on a preliminary point, it is not necessary to state the facts in detail. It would be sufficient if we state only so much of the facts as bear on the preliminary point.2. The appellant was at all material times a member of the Judicial Service of the State of Orissa. He was promoted as an Additional District and Sessions Judge on 31st July, 1968 but by an order dated 30th March, 1972 made by the High Court of Orissa, he was suspended as a disciplinary inquiry was decided to be instituted against him. On 29th April. 1972, a charge-sheet containing eight charges was served on him and he was called upon to show cause why disciplinary action should not be taken against him. In the meantime, on 10th April, 1972, the appellant addressed an appeal to the Government complaining against the order of suspension passed by the High Court and requesting the Governor to cancel the order of suspension on the ground that it was outside the auth...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2182; 1974CriLJ1499; (1975)3SCC309
D.G. Paleker, J.1. This is a petition under Article 32 of the Constitution for a Writ or Order in the nature of habeas corpus. The petitioner was detained by an Order dated 23-11-1972 passed by the District Magistrate, 24-Parganas, in exercise of the powers conferred by Sub-section (1) read with Sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 since the District Magistrate was satisfied that with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community it was necessary to detain him. The petitioner was arrested on 27-11-1972 and was served with the Order of detention and also with the ground of detention together with a vernacular translation thereof on the same day. The ground of detention is as follows:(1) That on 12-11-1972 at about 02.00 hours, you and your associates cut and stole away Copper return feeder wire measuring about 60 meters valued at 648.00 from electric ma...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2149; 1974CriLJ1474; (1975)3SCC490
D.G. Palekar, J.1. This is a petition under Article 32 of the Constitution for a Writ or Order in the nature of habeas corpus.2. The petitioner was detained by an order of the District Magistrate, 24-Parganas, passed on 24-5-1973 in exercise of the powers conferred by Sub-section (1) read with Sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of Public Order'. The petitioner was arrested on 30-5-1973 and the order along with the grounds was served on him on the same day. The grounds are as follows:1. On 11-11-1972 at 20.45 hrs. you along with your associates being armed with pipe guns and other deadly weapons attacked the house of Prasanta Sikdar of Nimta, P.S. Dum Dum and severely assaulted the inmates of the house as he opposed your rowdy and anti-social activities. You also threatened the inmates of the house and other by-standers with dire consequences, if th...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1974)2SCC33; [1975]1SCR504
A.N. Ray, C.J.1. This Reference has been made by the President under Article 143(1) of the Constitution of India for the opinion of this Court on certain questions of Constitutional importance bearing upon the election to fill the vacancy on the expiry of the term of office of the President on 24th August, 1974.2. The Reference turns on the principal question as to whether the election to fill the vacancy caused on the expiry of the term of office of the President must be completed before the expiry of the term of office notwithstanding the fact that the Legislative Assembly of the State of Gujarat is dissolved.3. Article 52 states that there shall be a President of India. Article 56(1) states that the President shall hold office for a term of five years from the date on which he enters upon his office. Article 60 states that every President before entering upon his office shall make and sub-scribe an oath or affirmation as mentioned therein. Article 63(1) states that an election to fi...
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