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SUPREME COURT OF INDIA

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PETITIONER:

LALLUBHAI JOGIBHAI PATEL

Vs.

RESPONDENT:

UNION OF INDIA & ORS.

DATE OF JUDGMENT15/12/1980

BENCH:

SARKARIA, RANJIT SINGH

BENCH:

SARKARIA, RANJIT SINGH

REDDY, O. CHINNAPPA (J)

CITATION:

1981 AIR 728 1981 SCR (2) 352

1981 SCC (2) 427

CITATOR INFO :

R 1981 SC1621 (8)

RF 1981 SC2084 (1)

R 1982 SC1500 (8)

RF 1990 SC 605 (6)

ACT:

Conservation of Foreign Exchange and Prevention of

Smuggling Activities Act 1974-Section 3-Scope of-Detenu if

could file a second petition for writ of habeas corpus after

dismissal of the first petition-First petition, if operates

as constructive res judicata-Constitutional imperatives

under Art 22(5)- What are.

Constructive res judicata-Grounds not taken in earlier

petition for writ of habeas corpus-Second petition if barred

by constructive res judicata-If applicable in illegal

detentions.

Words and phrases-Commnunicate-Meaning of-Explaining

the grounds of detention without giving them to the detenu

in writing-If amounts to communication.

HEADNOTE:

After dismissal by this Court of t