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march 1952

Supreme Court of India · 1952-03-27

DATTATREYA MORESHWAR PANGARKAR vs THE STATE OF BOMBAY AND OTHERS.

Citation / case number
SC 1951/57
Court
Supreme Court of India
Petitioner
DATTATREYA MORESHWAR PANGARKAR
Respondent
THE STATE OF BOMBAY AND OTHERS.
Bench
SASTRI, M. PATANJALI (CJ),MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court held that the omission to specify the period of further detention in the confirmation of a detention order under Section 11(1) of the Preventive Detention Act, 1950, does not render the detention illegal. The Court ruled that while specifying a period is desirable, it is not a necessary condition for legality. Additionally, the requirement under Article 166(1) of the Constitution for the executive decision to be expressed in the name of the Governor is directory, not mandatory, thus the lack of such expression does not invalidate the decision.

DATTATREYA MORESHWAR PANGARKAR vs THE STATE OF BOMBAY AND OTHERS. · Niyam