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    <title>2002 (3) TMI 46 - Supreme Court</title>
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    <description>Preventive detention is vitiated where material documents with a direct bearing on the necessity and legality of detention are withheld from the detaining authority. The detenu&#039;s settlement application and the Settlement Commission&#039;s order were relevant to subjective satisfaction because they showed that settlement proceedings had been invoked and additional duty had been directed to be paid. As those documents were not placed before the authority, there was no fair consideration or proper application of mind, and the detention order was held unlawful.</description>
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      <description>Preventive detention is vitiated where material documents with a direct bearing on the necessity and legality of detention are withheld from the detaining authority. The detenu&#039;s settlement application and the Settlement Commission&#039;s order were relevant to subjective satisfaction because they showed that settlement proceedings had been invoked and additional duty had been directed to be paid. As those documents were not placed before the authority, there was no fair consideration or proper application of mind, and the detention order was held unlawful.</description>
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      <pubDate>Fri, 01 Mar 2002 00:00:00 +0530</pubDate>
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