Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Preventive Detention Act (IV of 1950)-Amendment Acts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Preventive Detention Act, 1950 (4 of 1950) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Preventive Detention Act (IV of 1950)-Amendment Acts of .1951 and 1952-Detention order under Act of 1950 as amended in 1951 -Extension of duration of Act by Amending Act of 1952 until 1st October, 1952-Whether extends period of detention-Amendment Act-Rule of construction-"Principal Act," meaning of Validity of s. 3 of Amending Act of 1952-Legality of detention after 1st April, 1952-Constitution of India, Arts. 14, 22 (4) and (7). an directing the detention of the petitioner was made on the 15th of November, 1951, under the Preventive Detention Act of J 950 as amended by the Amending Act of 1951, which prolonged the duration of the Act of 1950 up to the 1st April, 1952. 'The Preventive Detention (Amendment) Act of 1952 extended the duration of the Act of 1950 for a further period of six months, that is to say, until the 1st October, 1952. Section 3 of the Act of 1952 provided further that detention orders confined under the principal Act and in force immediately before the commencement of the Act of 1952, shall, where the period of detention is not specified in the order, remain in force "for so long as the principal Act (which was defined as the Act of 1950) was in force." It was contended on behalf of the petitioner that his detention after 1st april, 1952, was illegal. |
Judge | Hon'ble Mr. Justice Vivian Bose |
Neutral Citation | 1952 INSC 37 |
Petitioner | Shamarao V. Parulekar |
Respondent | The District Magistrate, Thana, Bombay And Two Others |
SCR | [1952] 1 S.C.R. 683 |
Judgement Date | 1952-05-26 |
Case Number | 86 |
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