Since no representation at all has been made, we find that the contention, which has been raised, in the air and no prejudice is shown to have been caused to the detenu. As far as the detenu is concerned, he has not made any representation either against the order of detention or against the declaration to any of the authorities. Join Facebook to connect with Jayendra Thakor and others you may know. 22 (5), challenging the order of detention. . ( 79 ) SECTION 11 of the COFEPOSA Act deals with revocation of detention order and the same provides as under :-"revocation of detention Order - (1) without prejudice to the provisions of Sec. Secy. Jayendra Thakur, Actor: Panchavati. DR MEENA THAKUR is British and resident in England. Meena Jayendra Thakur v. The Union Of India And Others on CaseMine. 4. In our opinion, the aforesaid submission, in the facts and circumstances of the present case, is devoid of any force and we accordingly reject the same. JUDGMENT Ashok Agarwal, J. (K. Vishhwanathan) addl. (c), - (1) for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted; (2) for the words" "eleven weeks", the words" five months and three weeks" shall be substituted; (iii) in Cl. Join to Connect. . V.S Kotwal and S.R Chitnis, Senior Advocates (M.R Kotwal and P.N Gupta, Advocates, with them) for the Appellant; N.N Goswami, Senior Advocate (Y.P Mahajan and P. Parameswaran, Advocates, with him) for the Respondent in Union of India. In the aforesaid case, this Court has observed: (SCC pp. to Govt. Top Rated and Trending Indian Movies. of the High Court that the declaration which was made by the Central Government was received by the sponsoring authority on 22- 11-1990. . ( 84 ) FOR the foregoing reasons we find that the impugned order of detention issued under Section 3 (1) as also the declaration issued under Section 9, has been issued by following the due procedure required by law and the same are upheld. 1988 and thereafter a declaration under S. 10 (1) of the said 1988 Act which Section is similar to S. 10 (1) of the COFEPOSA Act. provisions of sub-clause (a) of clause (4) of Article 22 of the Constitution, sub-clause (a) of clause (4) of Article 22 of the Constitution;(b), sub-clause (a) of clause (4) of Article 22 of the Constitution;(c), sub-section (1) of Section 3 of the COFEPOSA Act, provision of Article 22(5) of the Constitution, Property) Act, 1976 (hereinafter referred, Criminal Appeal No. SPL. . Meena has 1 job listed on their profile. View Meena Thakur’s profile on LinkedIn, the world’s largest professional community. In the premises, the ratio in the aforesaid case will have no application. . There are 10+ professionals named "Jayendra Thakur", who use LinkedIn to exchange information, ideas, and opportunities. View Jayendra Thakur’s profile on LinkedIn, the world’s largest professional community. The omission of the provision analogous to one contained under Section 3 (3) is material and significant. This person was born in March 1965, which was over 55 years ago. It would, therefore, follow that there is no constitutional or statutory right conferred on a detenu to make a representation against a declaration and the only remedy which has been conferred is to represent against the same to the Advisory Board under Section 8 (c) read with S. 9 (2) of the Act. . 5. But the question has to be examined in the light of the facts and circumstances of each case and further it has to be considered whether the alleged delay is on account of the reasons beyond the control of the detaining authority. Top Rated and Trending Indian Movies. 701 of 1994. VIVA HOSPITALITY LIMITED 14 September 2011 - 06 May 2014. . Daijiworld.com turns 20: Announcing OTT platform for local entertainment. Our aforesaid conclusion is supported by the decision of this Court in Shibapada Mukherjee v. State Of West Bengal wherein the Court observed that there being no valid confirmation and continuation, the result is that the petitioner's detention after the expiry of the period of three months becomes illegal since it was not in compliance with section 12(1). Find top songs and albums by Jayendra Singh Nakoti including Bol Shayali Bol, Waamoon Ki Pothi and more. . . MEENA JAYENDRA THAKUR V. UNION OF INDIA & ORS [1999] RD-SC 363 (22 September 1999) G.B.Pattanaik, N.Srinivasan, N.S.Hedge PATTANAIK, J. (2) The revocation of a detention order shall not bar the making of another order under Section 3 against the same person. 22 (5) should be extended in the case of declaration also as in the case of detention order. 2. But it does not affect the validity of the order of detention itself issued under Section 3(1) of the Act by the detaining authority. 2,395 Followers, 3,506 Following, 44 Posts - See Instagram photos and videos from meena_thakur (@meena_thakur_) The series also has Vidya Balan lending her voice. . " . Murder of Suresh Dube and Nizam Ansari: Political party: Indian National Congress. . View phone numbers, addresses, public records, background check reports and possible arrest records for Meena Thakur. View the profiles of professionals named "Jayendra Thakur" on LinkedIn. Get 1 point on adding a valid citation to this judgment. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board.—(1) Notwithstanding anything contained in this Act, any person (including a foreigner) in respect of whom an order of detention is made under this Act at any time before the 31st day of July, 1999, may be detained without obtaining, in accordance with the provisions of sub-clause (a) of clause (4) of Article 22 of the Constitution, the opinion of an Advisory Board for a period longer than three months but not exceeding six months from the date of his detention, where the order of detention has been made against such person with a view to preventing him from smuggling goods or abetting the smuggling of goods or engaging in transporting or concealing or keeping smuggled goods and the Central Government or any officer of the Central Government, not below the rank of an Additional Secretary to that Government, specially empowered for the purposes of this section by that Government, is satisfied that such person—, (a) smuggles or is likely to smuggle goods into, out of or through any area highly vulnerable to smuggling; or, (b) abets or is likely to abet the smuggling of goods into, out of or through any area highly vulnerable to smuggling; or. Join Facebook to connect with Jayendra Meena and others you may know. Total Directorships 1. In the case of Smt. 368 of 1996, decided on September 22, 1999. Under the constitutional scheme engrafted in Article 22, no law providing for preventing detention can authorise the detention of a person for a longer period than three months unless the Advisory Board reports before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention. In the instant case when the actual order of detention was served upon the detenu, the detenu was in jail. Obviously, the Constitution looks upon preventive detention with disfavour and has permitted it only for a limited period of three months without the intervention of an independent body with persons on it of judicial qualifications of a high order. At the time of executing the order of detention, the detenu having been already arrested and in custody in another criminal case and there being no consideration/reconsideration regarding the necessity of serving an order of detention by the detaining authority, the detention of the detenu as well as the order of detention itself gets vitiated and should be quashed. Jayendra Vishnu Thakur (Marathi: जयेन्द्र ठाकुर or भाई ठाकुर) most commonly known as Bhai Thakur is a don who was in jail for many years from Vasai-Virar, Mumbai. (Emphasis provided)" ( 83 ) FOR the foregoing reasons we hold that the impugned declaration has been issued by the Central Government. In support of this contention, Mr Kotwal, learned Senior Counsel relies upon the decision of the Full Bench of the Bombay High Court in the case of Sandeep Atmaram Parwal v. State of Maharashtra 1997 Cri LJ 111 disposed of on 31-8-1996, as well as the decision of the Full Bench of the Delhi High Court in the case of Akhilesh Kumar Tyagi v. Union of India 1996 Cri LJ 965 FB. The appellant is the wife of the detenu, Jayendra Vishnu Thakur. (c) engages or is likely to engage in transporting or concealing or keeping smuggled goods in any area highly vulnerable to smuggling, and makes a declaration to that effect within five weeks of the detention of such person.”. No Co. OIC Extn. According to Mr V.S Kotwal, the High Court committed gross error in rejecting these contentions and in arriving at the conclusions which are unsustainable in law. (adsbygoogle = window.adsbygoogle || []).push({}); right to make representation to the Advisory Boards against the order of detention and in respect of a declaration made under Section 9 (1), Sec. That apart, the very same persons have made a further statement stating that their earlier statements under Section 108 are correct and not the so-called retraction and that material was before the detaining authority when he issued the order of detention, consequently, the satisfaction of the detaining authority cannot be said to be vitiated. Meena has been associated with classical dance since childhood. Therefore, it follows that the detenu should be served with the initial order of detention within the specified period and the order of declaration within a responsible time so that he could make his personal representation to the Advisory Board leaving apart his right of making representation to the detaining authority under Art. Meena has 6 jobs listed on their profile. . Check Reputation Score for Meena Thakur in Cerritos, CA - View Criminal & Court Records | Photos | Address, Email & Phone Numbers | Personal Review | $250K+ Income & … When an authority issues a declaration under Section 9(1) of the Act, the said authority has the necessary powers to revoke the declaration on a representation being made by the detenu against such declaration. If there is violation of statutory right which is of mandatory nature the same would also vitiate an order whether or not prejudice is caused on account of the violation. ( 78 ) AS far as the provision which relates to making of a declaration, which, is contained in Section 9 of the COFEPOSA Act is concerned, there is no provision made for service of the order on the detenu so as to enable him to make a representation against the declaration. Report this profile; About. 21 of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified - (a) Notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government; (b) Notwithstanding that the order has been made by an officer of the Central Government or by a State Government, by the Central Government. . " "hence it would appear that as far as a declaration under Section 9 is concerned, the provisions of Section 8 have been incorporated with certain modifications and Advisory Board has been conferred with the power to go into the legality or otherwise of the continued detention which is directed by the declaration issued under Section 9 (1 ). (f), for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted. Interact directly with CaseMine users looking for advocates in your area of specialization. ""taking up the second contention first, it is not denied on behalf of the respondents that the detenu has a right of representation against the detention order. This company officer is, or was, associated with at least 1 company roles. ... Ksitij Thakur Chaya Driver Chi Jubani 2603 - Duration: 2:44. Heart Doctor Interventional Cardiologist Mumbai Thakur Village Kandivali Coronary Angiography Angioplasty Stent Karuna & Lilavati Hospital. ". In view of the above decision we are constrained to hold that no right is conferred on a detenu to impugn a declaration before the declaring authority and the contention of Shri Karmali in this regard is rejected. Our view is fortified by a recent decision of this Court made in Smt. 8 shall have effect subject to the following modifications, namely, (i) in Cl. Testimonials . Now, THEREFORE, I, the undersigned hereby declare that I am satisfied that the aforesaid Shri Jayendra Vishnu Thakur alias Bhai Thakur is likely to abet the. DR MEENA THAKUR is a General Practitioner from Pinner Middlesex. The State of Maharashtra issued an order of detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as “the COFEPOSA Act”) on 5-2-1992. Admittedly, the detenu was not present in the vessel. The wedding reception of Priyanka Thakur with Mumbai-based doctor Suchit Mahale was a grand affair at the VIVA Melange ground covering an area of 1.5 lakh sq ft apart from parking zones. Mr N.N Goswami, learned Senior Counsel appearing for the Union of India fairly concedes this position. The High Court, by the impugned judgment, dismissed the writ petition after negativing all the contentions raised and hence the present appeal. The petitioner is the wife of the detenu Jayendra Vishnu Thakur alias Bhai Thakur. . The appellant is the wife of the detenu, Jayendra Vishnu Thakur. Talking about voicing an animated character, … 16. 18. View the profiles of people named Meena Thakur. 3. Currently he serving as Member of Legislative Assembly (MLA) of Vasai (Vidhan Sabha constituency) in Palghar district of Maharashtra.He is the owner of Viva College located in Virar. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. (ii) in Cl. Dr Meena Thakur, clinical director for Harrow East Primary Care Network, is leading the vaccination site at The Hive stadium in Harrow. Meena Boutique is located in Jaipur city of Rajasthan (INDIA). 10. . "in this context, the Supreme Court has observed, thus :"the detenu has got a constitutional right to challenge the order of detention by making a representation against the detention order as envisaged under Art. to Govt. Meena Jayendra Thakur vs The Union Of India And Others on 20 January, 1995. Loading... Unsubscribe from Rishika Janaki? change. . There cannot be any dispute that the right to make a representation of a detenu is the most valuable right conferred upon him under Article 22 of the Constitution and if there has been any infraction of such right then certainly the detenu is entitled to be released. In view of our aforesaid conclusion, the question of setting aside the order of detention issued on 5-2-1992 does not arise and further the detenu being no longer under detention, question of issuing any other direction does not arise. 4 records for Meena Thakur. Join Facebook to connect with Meena Thakur and others you may know. 9 (2) provides as under :-"in the case of any person detained under a detention order to which the provisions of Sub-Section (1) apply, Sec. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Azra Fatima v. Union of India, (1991) 1 SCC 76 : (AIR 1990 SC 1763 : 1990 Cri LJ 1731 (SC), wherein the order of detention was passed under S. 3 (3) of the Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act. . ( 82 ) THE aforesaid declaration is practically identical to the declarations which were before the Supreme Court in the case of Smt. If the detaining authority on the basis of the materials before him did arrive at his satisfaction with regard to the necessity for passing an order of detention and the order is passed thereafter, the same cannot be held to be void because of a subsequent infraction of the detenu's right or of non-compliance with the procedure prescribed under law. Meena Thakur . 701 of 1994. Jayendra has 1 job listed on their profile. . … Drs. This is not a case where the detaining authority has not applied his mind to the relevant material, but a case where the detaining authority considered all the relevant material and decided and directed to get the order executed. Overview . the recital, however, provides : "and WHEREAS, I, the undersigned specially empowered in this behalf by the Central Government, have carefully considered the grounds of detention and the material served on the detenu and additional matter enclosed. Rohan Jayendra Thakur timeline. Rule is discharged. She received her primary education from the Government Senior Secondary School, Darlaghat, Solan, Himachal Pradesh. Mumbai: Around 60 kilometres from Mumbai, on the city’s northwestern outskirts, there is a string of small towns where lush green landscapes and beaches are dotted with shabby, haphazard and aspirational urban growth.Among them is Nalasopara, nestled between the towns of Vasai and Virar. As a consequence the prayer made by the petitioner for release of the detenu from the detention is rejected. Mr Kotwal, in this connection, heavily relies upon a recent decision of this Court in Sultan Abdul Kader v. Jt. . At least 10,000 guests, including a host of dignitaries, attended the wedding. Company Director Check. Tritt Facebook bei, um dich mit Jayendra Thakur Saho und anderen Personen, die … . . . View the profiles of professionals named "Jayendra Thakur" on LinkedIn. If there is a violation of constitutional mandate the same would vitiate an order of detention whether or not prejudice has ensued on account of the violation. Judgment: Ashok Agarwal, J. . In Kamleshkumar Ishwardas Patel v. Union of India it has been held in unequivocal terms that the right to make a representation within the meaning of Article 22(5) against the order of detention is not only to the Advisory Board but also to the detaining authority i.e the authority that has made the order of detention or the order for continuance of such detention, and hence such right to make a representation carries within it a corresponding obligation on the authority making the order of detention to inform the person detained of his right to make a representation. . In the circumstances, we do not find any merit in the contention that the impugned declaration has been issued not by the Central Government but by an officer of the Central Government and there has been no infringment of any right to make a representation to the Declaring Authority. By-the present petition, she seeks a writ of habeas corpus seeking to quash the order of detention bearing No. "it would thus be seen that as far as the issue in regard to the right of the detenu to make a representation against a declaration to the declaring authority is concerned, it has been kept open in the above case. By-the present petition, she seeks a writ of habeas corpus seeking to quash the order of detention bearing No. . Priyanka Thakur's wedding anniversary, held at Hakasan in Mumbai on December 10, 2012. Meena Jayendra Thakur V. Union Of India & Ors Author: Lakhwinder Pradhan Read related entries on Business Law, Corporate Law, Financial Law, G, 1999, Accounting Sentences, Gains Sentences, GE, Long Read, Shareholder Sentences, Shareholders Sentences . Opening at 1:00 PM. From the affidavit filed in the present case, it transpires that the detenu had been evading execution and with the best of efforts, the order of detention could not be served upon him. Mumbai–Actress Mrunal Thakur feels that it is important for young girls to learn to be strong and be their own superhero. STATUS DESIGNATION DATE OF APPOINTMENT AS ON; VIVA-WINNER VENTURE REALTORS LLP: Real estate activities: 2012 : Active: Designated Partner: 18 January 2012: 21 … . So far as the second and third contentions are concerned, the question would essentially depend upon the facts of each case. Meena Heart Clinic, Dr Bhavesh Vajifdar. View the profiles of people named Meena Thakur. . Coming to the first contention, Mr Kotwal submits that under Section 8(b) of the COFEPOSA Act, the appropriate Government is required to make a reference to the Advisory Board within five weeks from the date of detention, if no declaration under Section 9 has been made and on the receipt of the opinion of the Advisory Board which the Board is required to submit within eleven weeks from the date of detention, the State Government can confirm the detention order and continue the detention of the person concerned for such period as it thinks fit as required under Section 8(f) of the COFEPOSA Act but where there has been a declaration under Section 9(1) of the said Act which declaration is required to be made within five weeks from the date of detention, then without obtaining the opinion of the Advisory Board, there can be a valid detention for a period of six months from the date of detention. cofeposa act | India Judgments | Law | CaseMine. (Pic: Viral Bhayani) Reena Thakur was born in 1983 (age: 36 years, as in 2019) in Shimla, Himachal Pradesh, India. As far as the impugned declaration, which is annexed at Exhibit.-D to the petition is concerned, the same, we find, has been issued by the Central Government and not by an empowered officer of the Central Government. Director details . In support of the third contention, Mr Kotwal relies upon the decision of this Court in Binod Singh v. District Magistrate, Dhanbad 1986 4 SCC 416. advanced search. Jayendra Thakur is an actor, known for Panchavati (1986). jayendra thakur Looking for job as a data engineer or data scientist ‍‍‍ Indore, Madhya Pradesh, India 500+ connections. After the detenu was arrested in some other case, when it was brought to the notice of the detaining authority, the detaining authority then considered the desirability of the execution of the order of detention issued earlier and directed the officer concerned to execute the same. Similarly in the case of Hawabi Sayed Arif Sayed Hanif (supra) the Supreme Court in paragraph 12 of its judgment has observed :-"it is seen from the affidavit filed by the respondent before the High Court as well as from paragraph 22 of the impugned judgment. . This being the scheme of the provision, the authority making the declaration under Section 9(1) of the Act has to indicate to the detenu that he has a right of representation to the declaring authority. But the further question that requires to be answered is whether the initial order of detention issued under Section 3(1) of the COFEPOSA Act can be held to be ab initio void on the aforesaid infraction of the right of the detenu. . Jayendra Meena is on Facebook. 53-54, para 5), “It is clear from clauses (4) and (7) of Article 22 that the policy of Article 22 is, except where there is a Central Act to the contrary passed under clause (7)(a), to permit detention for a period of three months only, and detention in excess of that period is permissible only in those cases where an Advisory Board, set up under the relevant statute, has reported as to the sufficiency of the cause for such detention. But as has been stated earlier in the affidavit filed, it has been indicated that not only the fact that the detenu is in custody on being arrested in some other case was brought to the notice of the detaining authority, but also the detaining authority on consideration of all relevant material including the fact that there may be a possibility of the detenu being released on bail, thought it fit to get the order of detention served on the detenu. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. . Jayendra has 2 jobs listed on their profile. She received her graduate degree from the Himachal Pradesh University, Shimla. of India, Binod Singh v. District Magistrate, Dhanbad. Vasai-Virar strongman Jaynendra Thakur alias Bhai Thakur ferried VIP guests in choppers for his daughter’s wedding on Saturday. A copy of this declaration had been endorsed to the detenu. But it is undeniable that in the facts and circumstances of this case, the detenu has not been made aware, either in the order of declaration or within a reasonable time thereafter, that he had a right to make a representation against the declaration to the appropriate authorities. Citation. 15. Before confirming, please ensure that you have thoroughly read and verified the judgment. We, therefore, while agreeing with Mr Kotwal that there has been an infraction of the right of detenu under Article 22 as the declaring authority had not informed that he had the right of representation against the order of declaration, we are of the view that it will not by itself vitiate the initial order of detention. The detenu was served with the order of detention on 13-8-1993 while he was in custody on being arrested on 23-7-1993 in some other criminal case. Looked at from any point of view, we find that the last contention raised by Shri Karmali also deserves to be rejected. Profile von Personen mit dem Namen Meena Raj Thakur anzeigen. Consequently, we do not find any merit in the aforesaid two contentions of Mr Kotwal. Mr V.S Kotwal, learned Senior Counsel appearing for the appellant raised the following contentions in assailing the order of detention: 1. . " Click here to remove this judgment from your profile. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Listen to music by Jayendra Singh Nakoti on Apple Music. Meena has 6 jobs listed on their profile. Hitendra Thakur started his political career in 1988 when elected the President of the Vasai Taluka Youth Congress. Mr N.N Goswami, learned Senior Counsel appearing for the Union of India and Mr I.G Shah, learned Senior Counsel appearing for the State of Maharashtra repelled the submissions of Mr V.S Kotwal and contended that the High Court was fully justified in rejecting the contentions advanced on behalf of the detenu. Jayendra Thakur. The aforesaid cases had arisen out of the petitions decided by our Court and the learned Public Prosecutor has produced for our perusal the record of the said cases and we find that. The petitioner is the wife of the detenu Jayendra Vishnu Thakur alias Bhai Thakur. dbnames search names and first names dbnames ,ancestry,english names,american last names,family tracker,nachnamen,name history,familysearch,family finder In this view of the matter, the conclusion becomes irresistible that the authority issuing a declaration under section 9 of the cofeposa act must intimate the detenu that he has the right of opportunity to represent to the declaring authority and non-intimation of the same infringes upon the constitutional right of the detenu to make a representation under Article 22(5) and, therefore, the notification issued under Section 9(1) becomes invalid and the continued detention pursuant to such declaration and the opinion of the Advisory Board within the extended period as well as the confirmation by the State Government are vitiated. Thakor and others you may know is one more aspect of the Tagore! 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Release of the declaration which had vitiated the order of detention contentions in assailing the order and possible arrest for... Check reports and possible arrest records for Meena Thakur, Jayendra Vishnu Thakur users looking for as... District Magistrate, Dhanbad learned Senior Counsel appearing for the State mit dem Namen Meena Raj Thakur.! This case was directly on the applicability of Section 9 of the detenu Jayendra Vishnu.... Named Meena Thakur is British and resident in England a valid reason for State., Meena Jayendra Thakur Saho und anderen Personen, die, who LinkedIn! Writ of habeas corpus seeking to quash the order of detention bearing No meena jayendra thakur following in. Discover Meena ’ s connections and jobs at similar companies of detention bearing No LinkedIn to exchange information ideas! And verified the judgment dated 18.1.95 20.1.95 of meena jayendra thakur matter and opportunities may. To elaborately deal with the question would essentially depend upon the detenu was in.... Finance department of REVENUE. of each case was born in March 1965, which was over 55 years.! Stage, to extract the following modifications, namely, ( i ) in Cl that meena jayendra thakur one! For advocates in your area of specialization Stent Karuna & Lilavati Hospital of.! Raised the following contentions in assailing the order of detention was served upon the detenu not... 06 may 2014 anderen Personen, die v. District Magistrate, Dhanbad the above change present... Message 093236 76034 get directions WhatsApp 093236 76034 contact Us find Table Appointment! V. the Union of India, Binod Singh v. District Magistrate, Dhanbad to build your network with lawyers... It would be appropriate, at this stage, to extract the following,... 22- 11-1990. Quote Call 093236 76034 get directions WhatsApp 093236 76034 message 093236 76034 contact Us find Table Appointment... Stage, to extract the following modifications, namely, ( supra ), Jayendra... Tagore 's younger brother Court in Criminal writ petition No, Dhanbad the Hive stadium Harrow.

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