<?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>1946 (5) TMI 11 - PRIVY COUNCIL</title>
    <link>https://www.taxtmi.com/caselaws?id=199811</link>
    <description>Arrest under Rule 129(1) of the Defence of India Rules required the police officer to show reasonable grounds for suspicion, because the provision imposed an objective standard that had to be justified when challenged. The officer failed to discharge that burden. Temporary custody under Rule 129(4) was valid only where the arrest itself was lawful; it could not independently validate detention or cure an invalid arrest. Because the arrest was unlawful, the custody order lacked a lawful foundation. The detention was therefore unlawful, and the High Court&#039;s release order was upheld.</description>
    <language>en-us</language>
    <pubDate>Tue, 07 May 1946 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 13 Mar 2018 15:56:34 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=512436" rel="self" type="application/rss+xml"/>
    <item>
      <title>1946 (5) TMI 11 - PRIVY COUNCIL</title>
      <link>https://www.taxtmi.com/caselaws?id=199811</link>
      <description>Arrest under Rule 129(1) of the Defence of India Rules required the police officer to show reasonable grounds for suspicion, because the provision imposed an objective standard that had to be justified when challenged. The officer failed to discharge that burden. Temporary custody under Rule 129(4) was valid only where the arrest itself was lawful; it could not independently validate detention or cure an invalid arrest. Because the arrest was unlawful, the custody order lacked a lawful foundation. The detention was therefore unlawful, and the High Court&#039;s release order was upheld.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 07 May 1946 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=199811</guid>
    </item>
  </channel>
</rss>