Supreme Court of India

The State of Madhya Pradesh & Ors. v. Dharmendra Rathore

Neutral citation
Reported as [2019] 1 S.C.R. 707
Bench Ashok Bhushan and K. M. Joseph JJ.
Decided 29 January 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above Statutory Scheme, this Court held that Additional District Magistrate being not the District Magistrate was incompetent to pass the impugned order.

Judgment, page 8

From the headnote

Madhya Pradesh Rajya Suraksha Adhiniyam, 1990: ss. 3, 4, 5, 6, 13 and 18 – Power of externment – Competenc e of Additional District Magistrate – Held: Scheme of the Adh iniyam contemplates exercise of power of District Magistra te u/s. 3, 4, 5 and 6 by Additional District Magistrate or Sub-Divisional Magistrate – Hence, Additional District Magistrate is competent to pass the externment order. Allowing the appeals, the Court HELD: 1. In the Statutory Scheme of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, there is no provision , which prohibits passing an order by an officer lower than

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.