This case was directly on the applicability of section 9 of the cofeposa act and direct authority in support of our conclusion. This company officer is, or was, associated with at least 1 company roles. Labs Name Lab OIC Extn. Born: Jayendra Vishnu Thakur. Mrunal Thakur: For long, young girls didn't see representation on screen Thu, Jan 14 2021 06:40:05 PM; ... Set against the rustic backdrop of Jodhpur, it narrates the story of eight-year-old Meena and her working mother, who nurses Covid-infected patients. Check Reputation Score for Meena Thakur in Cerritos, CA - View Criminal & Court Records | Photos | Address, Email & Phone Numbers | Personal Review | $250K+ Income & … Talking about voicing an animated character, … Jayendra Thakur, Actor: Panchavati. Get 1 point on adding a valid citation to this judgment. Meena Thakur Address, Related People and Companies. In this view of the matter, Mr Goswami contends that the period of detention having already expired, question of declaring his continued detention illegal does not arise and further the order of detention that was issued by the detaining authority on 5-2-1992 cannot be invalidated. Two years later, in the Maharashtra State Assembly elections in 1990, he was elected MLA for Vasai-Virar from the Indian National Congress at the age of 29. 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. 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. Jayendra Thakor અને અન્ય પરિચિતોના સંપર્કમાં રહેવા Facebook માં જોડાઓ. . Join Facebook to connect with Meena Thakur Meena Thakur and others you may know. The petitioner is the wife of the detenu Jayendra Vishnu Thakur alias Bhai Thakur. The facts that the report of such an Advisory Board has to be obtained before the expiry of three months from the date of detention shows that the maximum period within which the detaining authority can on its own satisfaction detain a period is three months.”. . "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. Meena Thakur, Producer: Rupaye Dus Karod. Mr V.S Kotwal, learned Senior Counsel appearing for the appellant raised the following contentions in assailing the order of detention: 1. 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. ( 82 ) THE aforesaid declaration is practically identical to the declarations which were before the Supreme Court in the case of Smt. 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. 12. UK Company Directors Reports, Free Company Director Check, Company Director Search. 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. Mr N.N Goswami, learned Senior Counsel appearing for the Union of India fairly concedes this position. . This being the position, it is difficult for us to accept the contention of Mr Kotwal that the satisfaction of the detaining authority gets vitiated for non-consideration of the relevant material. Looked at from any point of view, we find that the last contention raised by Shri Karmali also deserves to be rejected. The case of the detenu was referred to the Advisory Board on 15-9-1993 and the Advisory Board gave its opinion stating that there exists sufficient cause for detention of the person concerned and on the basis of the said opinion, the State Government confirmed the order of detention under Section 8(f) of the Act by order dated 17-11-1993. The Court further set aside the detention of the detenu beyond September 1989 and not the original order of detention that had been issued on 2-9-1988. Secy. . . View phone numbers, addresses, public records, background check reports and possible arrest records for Meena Thakur. The appellant filed the writ petition in the Bombay High Court on 15-5-1994 assailing the legality of the order of detention as well as the continued detention of the detenu. Please log in or sign up for a free trial to access this feature. 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. Bench: A Agarwal, V Sahai. Meenu Thakur was learning Kathak for a sustained period of time. 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. Bahujan Vikas Aghadi. View the profiles of people named Meena Thakur. of India 1998 8 SCC 343. Meena Kumari's grandmother, Hem Sundari Thakur (Tagore) was the daughter of the Rabindranath Tagore's younger brother. We need not go into this question in the case in hand, inasmuch as by the date of issuance of the order of detention, those persons have made a further statement indicating that the original statements made by them under Section 108 of the Customs Act were correct and not the retracted statements they had made and this fact was before the detaining authority when he issued the order of detention under Section 3(1) of the COFEPOSA Act. Hawabi Sayed Arif Sayed Hanif v. L. Hmingliana, AIR 1993 SC 810 : 1993 Cri LJ 172 (SC) (supra), one of the contentions which the Supreme Court considered, was :"the declaration under S. 9 (1) of the Act is also an order within the meaning of Article 22 and, therefore, all the constitutional safeguard which are available to the detenu in relation to the main detention order should be extended to the detenu in relation to the declaration under S. 9 (1) also. 2. (2) The revocation of a detention order shall not bar the making of another order under Section 3 against the same person. Drs. . Get 1 point on providing a valid sentiment to this Hence even if one were to hold that the declaration in the instant case has been issued by an officer of the Central Government the same cannot be successfully assailed on the ground that the detenu has not been informed of his right to make a representation to the Declaring Authority. 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. The omission of the provision analogous to one contained under Section 3 (3) is material and significant. 9. View the profiles of people named Meena Thakur. Dr Meena Thakur, clinical director for Harrow East Primary Care Network, is leading the vaccination site at The Hive stadium in Harrow. 17. See the complete profile on LinkedIn and discover Jayendra’s connections and jobs at similar companies. Petition dismissed. Vasai-Virar strongman Jaynendra Thakur alias Bhai Thakur ferried VIP guests in choppers for his daughter’s wedding on Saturday. In Jagprit Singh v. Union of India JT 1990 3 SC 293 where there had been a delay of one month and 13 days before the detenu was made aware of his right to make an effective representation against declaration, this Court held that it is contrary to the provision of Article 22(5) of the Constitution and, therefore, the detention of the detenu after the original period of one year, in the circumstances, was unjustified. . Author: A Agarwal. WESTBURY HOUSE 23 - 25 BRIDGE STREET, PINNER General practitioner. According to the learned counsel the declaration order itself or some communication contemporaneously issued must have informed the detenu that he had a right to make the representation against the declaration to the declaring authority, the Central Government and the Advisory Board constituted under the Act. 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. Join Facebook to connect with Jayendra Thakor and others you may know. We, therefore, find no force in the second contention raised by Mr Kotwal in assailing the order of detention. . ( 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. . Consequently, if the detenu is not intimated of his right to make a representation to the authority issuing the declaration under Section 9(1) then certainly his valuable constitutional right gets infringed and the two decisions of the Full Bench relied upon by Mr Kotwal fully support this contention. 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. 701 of 1994. . cofeposa act | India Judgments | Law | CaseMine. 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. There are 10+ professionals named "Jayendra Thakur", who use LinkedIn to exchange information, ideas, and opportunities. Resigned Directorships 0. Testimonials . Meena Boutique is located in Jaipur city of Rajasthan (INDIA). Jayendra has 1 job listed on their profile. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Rohil Jayendra Thakur is registered with the Ministry of Corporate Affairs with a DIN (Director Identification Number) of 03556990, and is currently associated with 20 companies. 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. Get 2 points on providing a valid reason for the above Admittedly, the detenu was not present in the vessel. STATUS DESIGNATION DATE OF APPOINTMENT AS ON; VIVA-WINNER VENTURE REALTORS LLP: Real estate activities: 2012 : Active: Designated Partner: 18 January 2012: 21 … List of companies where Meena Thakur was involved. 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. I.G Shah, Senior Advocate (G.B Sathe, Advocate, with him) for the State. The question, therefore, arises as to whether when a declaration is made under Section 9(1) of the Act which in turn extends the period of detention without being confirmed whether the officer issuing the declaration under Section 9(1) is also required to inform the detenu that he has a right to make a representation to him. (b), for the words "shall, within five weeks", the words "shall, within four months and two weeks" shall be substituted. " has observed :"thus the declaration had been made in this case on 20-1-89 by the Ministry of Finance within the statutory period of five weeks of the detention and the period taken in serving the same on the detenu on 10-2-89 has been sufficiently explained. "section 11, it would appear, deals with revocation of a detention order and no specific provision is made for revocation of a declaration issued under Section 9 of the Act. of India". Here suits, salwar, lehenga, designer blouse, designer dress are stitched for women of all ages. Judgment: Ashok Agarwal, J. Mohit Thakur, Dhaval Patel, Shrikant Kumar, Jayendra Barua : NewsInstaMiner: Enriching News Article using Instagram In Proceedings of 3 rd International Conference on Big Data Analytics . . The appellant is the wife of the detenu, Jayendra Vishnu Thakur. 9. Mr Kotwal, in this connection, heavily relies upon a recent decision of this Court in Sultan Abdul Kader v. Jt. 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. In the case of A.K Roy v. Union of India where the Court was examining the constitutional validity of issuance of an ordinance providing for detention and the constitutional validity of the National Security Act, it did rely upon the earlier decision in Khudiram Das v. State of W.B 1975 2 SCC 81 and held that it is not open to anyone to contend that a law of preventive detention, which falls within Article 22, does not have to meet the requirement of Article 14 or Article 19, and in the same analogy it must be held that Article 21 also would apply in case of a law of preventive detention. . Shri Jayendra Vishnu Thakur alias Bhai Thakur is informed that he has right to represent to the Central Government and the advisory Board against this declaration also in the manner specified in the grounds of detention. change. (Emphasis provided)" ( 83 ) FOR the foregoing reasons we hold that the impugned declaration has been issued by the Central Government. There is some controversy before us as to whether the detenu has a right to make a representation to the declaring authority or not but we express no opinion on this point for the purposes of this case. On such infraction and for non-compliance with the procedure prescribed under law, the further detention becomes illegal. Meena has 6 jobs listed on their profile. (Emphasis provide ). 4. . 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. Mr K.G Shah, learned Senior Counsel appearing for the State of Maharashtra contended that non-consideration of the retraction made by the persons who were in the vessel, does not vitiate the subjective satisfaction of the detaining authority inasmuch as the detaining authority was not aware of the aforesaid retraction. From the paperss placed on record, it has not until the detenu wrote to the declaring authority on 10-1-1988 seeking clarification as to whether he had a right of representation against the declaration and, if so, to which authority, that a clarification on this matter was furnished to him on 17-11-1988. sd/ -. . " Rule is discharged. 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. . 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. . " (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.”. The proposition laid down in the aforesaid decision of the Constitution Bench cannot be doubted, but in our view the said question does not arise for consideration in the case in hand. Similarly a detenu has been conferred with a right to impugn his continued detention before the Advisory Board which has been authorised by the declaration issued under Section 9 (1 ). 6. Opening at 1:00 PM. While issuing the declaration under Section 9(1) of the Act by order dated 15-9-1993, the detenu not having been informed of a right of representation to the authority issuing the declaration, there has been an infringement of his constitutional right under Article 22 and, therefore, the impugned order of detention is vitiated and must be set aside. The same is clear from the heading which provides as under :-"government OF INDIA ministry OF FINANCE department OF REVENUE. " He also relies upon the decision of this Court in Shibapada Mukherjee v. State Of West Bengal 1974 3 SCC 50 and the decision in Kamleshkumar Ishwardas Patel v. Union of India JT 1995 3 SC 639 and the decision of the Constitution Bench of this Court in A.K Roy v. Union of India 1982 1 SCC 271. Sandeep Atmaram Parwal v. State of Maharashtra, Shibapada Mukherjee v. State Of West Bengal, Kamleshkumar Ishwardas Patel v. Union of India, Sultan Abdul Kader v. Jt. This Court rejected that contention observing thus (Para 18 of AIR) : "the principle of five days and fifteen days as provided in Sub-Sec. Sultan Abdul Kader v. Jt the above change view is fortified by recent. Exchange information, ideas, and Ankur Agarwal: Removing Noise Content online! 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