<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1990 (5) TMI 237 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=188131</link>
    <description>A detention order is not supported by a counter-affidavit sworn by an officer who had no personal connection with the detention proceedings, no role in processing the file, and no personal knowledge of the matter; such an affidavit carries little weight. The detenu also has an independent constitutional right under Article 22(5) to have his representation considered with reasonable dispatch, and unexplained delay in that process breaches the constitutional safeguard. On the facts stated, the delay was not adequately explained, so the detention was vitiated and could not be sustained.</description>
    <language>en-us</language>
    <pubDate>Wed, 02 May 1990 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 18 Nov 2016 18:24:35 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=448415" rel="self" type="application/rss+xml"/>
    <item>
      <title>1990 (5) TMI 237 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=188131</link>
      <description>A detention order is not supported by a counter-affidavit sworn by an officer who had no personal connection with the detention proceedings, no role in processing the file, and no personal knowledge of the matter; such an affidavit carries little weight. The detenu also has an independent constitutional right under Article 22(5) to have his representation considered with reasonable dispatch, and unexplained delay in that process breaches the constitutional safeguard. On the facts stated, the delay was not adequately explained, so the detention was vitiated and could not be sustained.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Wed, 02 May 1990 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=188131</guid>
    </item>
  </channel>
</rss>