Preventive Detention - Law Dictionary Search Results
Home Dictionary Name: preventive detention Page: 2detention
detention 1 : the act or fact of detaining or holding back ;esp : a holding in custody 2 : the state of being detained ;esp : a period of temporary custody prior to a trial or hearing see also preventive detention ...
Unless a shorter period is specified in the order
Unless a shorter period is specified in the order, the s. is clear and unless a shorter period is specified in the order, s. 11A(2) applies. S. 11A(2) validly extended the period of detention till the April 1, 1953, Godavari Parulekar v. State of Bombay, AIR 1953 SC 52: (1953) SCR 210; see also AIR 1953 SC 49. [Preventive Detention Act (4 of 1950), s. 11A]...
Defence of a country or the security of a country
Defence of a country or the security of a country, this is not a static concept. The days are gone by when one had to worry about the security of a country or its defence only during war time. A country has to be in a perpetual state of preparedness. Eternal vigilance is the price of liberty. So it is that the founding fathers with considerable wisdom and foresight provided for laws for preventive detention and the limitations thereon mentioned in Article 22 of the Constitution, Giani Bakshish Singh v. Government of India, (1973) 2 SCC 688: AIR 1973 SC 2667: (1974) 1 SCR 662....
Foreign power
Foreign power, the expression 'Foreign Affairs' includes the relation of India with foreign powers. On a correct interpretation of the meaning of the words 'the relation of India with foreign powers' Pakistan must be regarded as a foreign power, Jaqan Natu Sathe v. Union of India, AIR 1960 SC 625 (628): (1960) 2 SCR 784. [Preventive Detention Act, (4 of 1950), s. 3]...
Habitual criminal
Habitual criminal, A person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappubhan Navab Khan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti Social Activities Act (16 of 1985), s. 2(c)]. See PREVENTIVE DETENTION.A person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be continuity in commission of those offences, R. Kalavathi v. State of Tamil Nadu, (2006) 6 SCC 14: (2006) 6 JT 69: (2006) 6 SCALE 385: (2006) 5 Supreme 116: (2006) 5 SLT 321: (2006) 6 SCJ 69: (2006) 7 SCJD 583: (2006) 8 SRJ 57: (2006) 3 SCC (Cri) 11: (2006) 3 Crimes 7 (SC): (2006) 2 JCC 1185: (2006) 3 Recent CR...
Jurisdiction of suspicion
Jurisdiction of suspicion, Provision for preventive detention, in itself, is a departure from ordinary norms. It is generally resorted to either in times of war or apprehended internal disorders and disturbances of a serious nature. Its object is to prevent a greater danger to national security and integrity than any claim which could be based upon a right, moral or legal, to individual liberty. It has been aptly described as a 'jurisdiction of suspicion', Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207 (1295): (1976) 2 SCC 521: (1976) Supp SCR 172....
Maintenance of public order
Maintenance of public order, By the expression 'maintenance of public order' what is intended is the prevention of grave public disorder. It is not the same as maintenance of law and order. Main-tenance of law and order means the prevention of disorders of comparatively lesser gravity and of local significance, B. Sundara Rao v. State of Orissa, AIR 1972 SC 739 (742): (1972) 3 SCC 11. [Orissa Preventive Detention Act (4 of 1970), s. 3 (1)]...
Previous conviction
Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Tr...
Public order
Public order, expression 'public order' has a distinct corrodation. Investigation into the offence under the Essential Commodities Act, may not be equated with the maintenance of public order as is commonly understood, Romesh Lal Jain v. Naginder Singh Rana, (2006) 1 SCC 294.Public order, has a comprehensive meaning so as to include public safety in its relation to the maintenance of public order and maintenance of public order involves consideration of public safety. They are closely allied concepts, Revana Siddaiah v. State of Mysore, AIR 1952 Mys 85: (1951) ILR Mys 455: (1952) Cr LJ 1526.Public order, has a very wide connotation public order is the basic need in any organized society. It implies the orderly State of Society and Community in which citizens can peacefully pursue their normal activities of life, Kamlakar Shankar Patil v. B. Akashi, (1994) Cr LJ 1870.Public order, has in several decisions, been equated with public safety and tranquility. Each and every breach of tranqui...
Supplies and services
Supplies and services, all supplies are not services and all services are not supplies but the complex needs and samenities of modern life and the multifarious obligations of a welfare State mingle supplies and services so much that the concentric circle geometry becomes a misleading stroke of conceptualism in this journal area. For example, an essential commodity is at once a supply and a service. Rushing food supplies to a nation in hunger is a composite operation of supplies and services essential to the life of the community and the order is not bad because it telescopes both, Jagdish Prasad v. State of Bihar, AIR 1974 SC 911: (1974) 4 SCC 455: (1974) 3 SCR 369.Indulging in black-marketing is conduct which is prejudicial to the maintenance of supplies. It is hardly necessary to read supplies conjunctively with services as was contended although cases may exist where supplies and services may both be affected. The word 'and' is not used conjunctively but disjunctively. If sweepers' ...
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