SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(SC) 495

N.S.HEGDE, S.B.SINHA
District Collector, Ananthapur – Appellant
Versus
V. Laxmanna – Respondent


Judgment

Santosh Hegde, J.—Leave granted.

2. The grievance of the State Government in this appeal primarily is that the High Court erred in quashing the detention order on the ground that some of the instances relied upon by the detaining authority being stale the entire detention order becomes invalid. So far as this grievance of the appellant-State is concerned the same is since addressed to by us in our judgment in the case of The Collector & District Magistrate, W.G. Dist. Eluru, Andhra Pradesh & Ors. Vs. Sangala Kondamma [2004 (10) Scale 315] wherein we have held:

“thus, if the facts placed before the detaining authority are proximate to each other and the last of the fact mentioned is proximate to the order of detention then the earlier incident cannot be treated as stale and the order cannot be set aside.”

The principle extracted herein above from the case The Collector & District Magistrate, W.G. Dist. Eluru, Andhra Pradesh & Ors. (supra) applies to the facts of this case also.

3. In the above case of The Collector & District Magistrate, W.G. Dist. Eluru, Andhra Pradesh & Ors. (supra) even though we held the order of the High Court was unsustainable, we did not interfere with th








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top