Supreme Court · 1980 INSC 235 · Decided 15 December 1980
Lallubhai Jogibhai Patel v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 1980 INSC 235 · [1981] 2 S.C.R. 352
- Case number
- WRIT PETITION (CRIMINAL) No. 4349/1980
- Decided
- 15 December 1980
- Bench
- R.S. SARKARIA, O. CHINNAPPA REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 32, 22(5)
Headnote
Conservation of Foreign Exchange and Prevention of Smu,.u;ling Activities Act, 1974-Section 3-Scope of-Detenu, if could file a second petition for writ of habeas corpus aftet dismissal of the first petition-F~·rst petition, if ope­ rates as constructive res judicata-Constitutionul in earlier petition for writ of habeas corpus-Second petition if barred by constructive res judicata-1/ appli­ cable in illegal detentions. Words and phra.ses--Con1n1unicate-Meaning of-Explaining the grounds of detention without giving theni to the detenu in writing-If amounts to com­ D
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