https://www.taxtmi.com/caselaws?id=196588 In habeas corpus proceedings against preventive detention, the controlling question is the legality of detention at the time of the return, not only at the date of the petition. The Court held that, where the earlier detention order was defective on formal grounds, the detaining authority could supersede it and issue a fresh order under the statutory power to revoke, modify, or make a new order, provided there was no bad faith. A fresh detention order was therefore not invalid merely because an earlier order had already been assailed, and release was declined on that basis. en-us Fri, 25 Jan 1952 00:00:00 +0530 Fri, 08 Dec 2017 18:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196588 In habeas corpus proceedings against preventive detention, the controlling question is the legality of detention at the time of the return, not only at the date of the petition. The Court held that, where the earlier detention order was defective on formal grounds, the detaining authority could supersede it and issue a fresh order under the statutory power to revoke, modify, or make a new order, provided there was no bad faith. A fresh detention order was therefore not invalid merely because an earlier order had already been assailed, and release was declined on that basis. Case-Laws Indian Laws Fri, 25 Jan 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196588