|
|
 |
(1945) 1 MLJ 365 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Sir Patrick Spens, Chief Justice, Sir S. Varadachariar and Sir Muhammad Zafrulla Khan, JJ.
Case Number(s) : Criminal Appeal No. 12 of 1944.
Judgement Date :
Friday 19th of January 1945
| Basanta Chandra Ghose | .....Appellant(s) | | Versus | | | The King-Emperor | .....Respondent(s) |
Restriction and Detention Ordinance (III of 1944) — If ultra vires the Governor-General in that it is legislation relating to the “prosecution of the war” a subject not in the lists in schedule VII, Constitution Act — Clause 11, if a valid provision — Order of detention under the Ordinance — Pleas open to detenue — Proof of such orders — Cancellation of prior order of detention by later order of detention — Inference of mala fides not justified — Order holding order of detention defective on formal grounds — Subsequent proper order on pre-existing grounds, if can be passed — Habeas corpus proceedings — Right to be released — Crucial date.
Oops. Login required for Full Text of Judgment.
You are not Logged in. Kindly Login.
If you are a new user then Register.
|
|
 |
|
 |
