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Puran Dassi v/s Suresh Kumar FAO 551/17 [ TARLOK SINGH JJ ]

0rder.26.Rule.9 CPC Appointment of Local Commissioner Object of local investigation is not to collect evidence which can be taken in Court but to obtain evidence which from it peculiar nature can only be had on spot- Cases of boundary disputes and disputes about identity of lands are instances where Court should order local investigation. 

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National Security Act

The National Security Act is in the news again. The act, which pertains to preventive detention, was invoked by the Kamal Nath government in Madhya Pradesh against three individuals. The grave crime they committed? Alleged cow slaughter.

To put it simply, the National Security Act is a stringent law that allows preventive detention for months, if authorities are satisfied that a person is a threat to national security or law and order. The person does not need to be charged during this period of detention. The goal is to prevent the individual from committing a crime.

The National Security Act was promulgated on September 23, 1980, during the Indira Gandhi government and its purpose is "to provide for preventive detention in certain cases and for matters connected therewith". It applies to the entirety of India, except Jammu and Kashmir. As per the National Security Act, the grounds for preventive detention of a person include:

A. acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India.

B. regulating the continued presence of any foreigner in India or with a view to making arrangements for his expulsion from India.

C.preventing them from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do.

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