Supreme Court of India Judgements

47295 Judgements hosted as on 13/10/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Preventive Detention

Preventive Detention

Constitution of India, 1950 – Article 22(4) – National Security Act, 1980 – Section 3(2) – Disaster Management Act, 2005 – Section 53 – Epidemic Diseases Act, 1897 – Section 3 – Penal Code, 1860 (IPC) – Sections 274, 275, 308, 420 and 120B -Failure in timely communication of the rejection of representation is a relevant factor for determining the delay that the detenu is protected against under Article 22(5) – Based on the precedents of this Court – Failure of the Central and the State Government to communicate the rejection of the appellant’s representation in a time-bound manner is sufficient to vitiate the order of detention – Order of detention quashed and set aside – Appeal allowed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SARABJEET SINGH MOKHA — Appellant Vs. THE DISTRICT MAGISTRATE, JABAIPUR AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…

Preventive Detention

Article 32 of the Constitution of India prays for quashing of the Detention Orders HELD that once the detention order has been made by any of the authorities competent to detain in terms of Section 3 (1) of the COFEPOSA Act, the representation to seek revocation of the detention order can be considered and decided by the Detaining Authority dehors the decision of the Advisory Board and the acceptance of recommendation by the appropriate Government. The consideration for revocation of adetention order is limited to examining whether the order conforms with the provisions of law whereas the recommendation of the Advisory Board

Mar 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH ANKIT ASHOK JALAN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Hemant Gupta,…

Preventive Detention

Detention Order Cannot Be Based On ‘Stale & Irrelevant’ Incidents HELD The satisfaction to be arrived at by the detaining authority must not be based on irrelevant or invalid grounds. It must be arrived at on the basis of relevant material; material which is not stale and has a live link with the satisfaction of the detaining authority.

Dec 22, 2019 sclaw

Detention Order Cannot Be Based On ‘Stale & Irrelevant’ Incidents: SC   LIVELAW NEWS NETWORK 21 Dec 2019 2:27 PM The Supreme Court has observed that stale and irrelevant incidents cannot…

Preventive Detention

Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 – Sections 3(1), 3(2) and 13 – Detention – Delegation of powers to the District Magistrate or the Commissioner of Police to detain a person – Once the order of detention is confirmed by the State Government, maximum period for which a detenu shall be detained cannot exceed 12 months from the date of detention.

Nov 13, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. BALU S/O WAMAN PATOLE — Respondent ( Before : Indira Banerjee and M. R. Shah, JJ.…

Preventive Detention

Criminal Law–Detention–Writ petition before High Court to quash the order of detention–Orders were restrained to be enforced–Became infructuous by lapse of time–Writ was allowed with the observation that the respondents will be at liberty to pass any fresh order if so required to take appropriate action thereafter in accordance with law–Order of High Court set aside–The proper order required to be passed was to call upon the respondent first to surrender pursuant to detention order

Dec 27, 2018 sclaw

2009(1) LAW HERALD (SC) 49 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. of 2008 (Arising…

You missed

C P C

Order VI Rule 17 CPC | Amendment Permissible If Additional Facts & Reliefs Have Direct Nexus With Existing Controversy

Oct 13, 2026 sclaw
Election Laws Municipal Laws

Supreme Court Dismisses Andhra Pradesh Govt Plea Against HC Quashing 34% Backward Class Quota In Local Body Elections

Oct 11, 2026 sclaw
Cr P C

Procedural Violation Will Not Vitiate Seizure But Can Affect Evidentiary Value

Oct 11, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita Cr P C

Victim Also Has Right To Seek Speedy Trial Like Accused

Oct 11, 2026 sclaw