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may 1952

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.

THE STATE OF BOMBAY vs PURUSHOTTAM JOG NAIK · Niyam