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GODAVARI PARULEKAR v. STATE OF BOMBAY AND OTHERS.

Supreme Court of India | Diary 93/1952

Status

Judgment

Decided On

1952-12-05

Bench

SASTRI M. PATANJALI (CJ),MUKHERJEA B.K.,AIYAR N. CHANDRASEKHARA,BOSE VIVIAN,HASAN GHULAM

Petitioner

GODAVARI PARULEKAR

Respondent

STATE OF BOMBAY AND OTHERS.

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4

PETITIONER: GODAVARI PARULEKAR

Vs.

RESPONDENT: STATE OF BOMBAY AND OTHERS.

DATE OF JUDGMENT: 05/12/1952

BENCH: SASTRI, M. PATANJALI (CJ) BENCH: SASTRI, M. PATANJALI (CJ) MUKHERJEA, B.K. AIYAR, N. CHANDRASEKHARA BOSE, VIVIAN HASAN, GHULAM

CITATION: 1953 AIR 52 1953 SCR 210

ACT: Preventive Detention Act, 1950, as amended by the Preventive Detention (Second Amendment) Act, 1952, s. 11-A-Whether discriminatory-ValiditY-Constiiution of India, 1950, Arts. 14, 22 (7) (b)-"Unless a shorter period is specified in the order", meaning of.

HEADNOTE: Section 11-A which was inserted in the Preventive Detention Act of 1950 by the Preventive Detention (Second Amendment) Act, 1952, provided that the maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 11 shall be twelve months from the date of detention. But subs. (2) qualified this by dividing do tentions into two classes: (a) those in which the detention order was confirmed before the 30th September, 1952, and (b) those in which the confirmation was after that date, and it provided that in the former case, unless a shorter period was specified in the order, the detention shall continue either till the 1st of April, 1953, or for twelve months from the date of detention, whichever expires later: I Held, (i) that the section did not contravene art....

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