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MADRAS HIGH COURT
Paul, Varadarajan, Natarajan, JJ
K. T. M. S. Abdul Khader – Appellant
Versus
State Government – Respondent
| Table of Content |
|---|
| 1. challenging detention orders validity. (Para 1 , 2) |
| 2. constitutional standing and presidential orders. (Para 3 , 4 , 5) |
| 3. distinction between personal freedom and property rights. (Para 6) |
| 4. court's authority in determining legality of proclamations. (Para 7 , 8 , 9) |
| 5. extra-territorial jurisdiction principles. (Para 10 , 11 , 12) |
| 6. parliament's power over extra-territorial laws. (Para 13 , 14 , 15 , 16) |
| 7. validity of the detention orders. (Para 17 , 18 , 19) |
| 8. absconding definition and implications. (Para 20 , 21 , 22) |
| 9. court's independent satisfaction requirement. (Para 23 , 24 , 25) |
| 10. petitions dismissed. (Para 26) |
1. In these petitions the validity of certain proclamations issued by the Chief Metropolitan Magistrate, Madras, under S. 82 (1) of the Criminal Procedure Code read with S. 7 (1) (c) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 , on 16-1-1975, is challenged mainly on the ground that the detention orders passed against the petitioners by the State Government under S. 3 of the latter Act which formed the basis for the said impugned proclamations are invalid. These petitions originally came up for hearing be
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