Supreme Court of India · 1952-05-26
THE STATE OF BOMBAY vs PURUSHOTTAM JOG NAIK
- Citation / case number
- SC 1950/52
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF BOMBAY
- Respondent
- PURUSHOTTAM JOG NAIK
- Bench
- SASTRI, M. PATANJALI (CJ),MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that an order of detention under Section 3 of the Preventive Detention Act, 1950, is valid even if it does not explicitly state it is issued in the name of the Governor, as long as it is clear that the order is made by the Government of Bombay. The Court clarified that the validity of such an order can be established through other evidence, and it is not mandatory to call the Minister in charge if the Secretary or another knowledgeable person can provide sufficient proof. The judgment emphasized the importance of proper verification in legal documents, aligning with the principles of the Civil Procedure Code.