black shirt of
Md.Imran also as Ex.PW21/Article-1.
40. During cross-examination he stated that he did not
join the investigation
view that it is so, resort to Articles 226 and 227 of the Constitution
Crl. Appeal Nos.______/2017 etc. (@ SLP (Crl.) Nos. 9503/2016 ... appellants
can certainly approach this Court for relief under Article 136 of the
Constitution.
40. While there can be no doubt that the jurisdiction
said judgment distinction in the two
articles has been noted. In view thereof, observation that scope of
Articles 226 and 227 was obliterated ... private person not discharging any public duty.
Scope of Article 227 is different from Article 226.”
41. The Court clarified the position by adding that
legislatures of the States are dealt with in Article 246 of the
Constitution. Article 246 is relevant for the present deliberation and is extracted ... matter enumerated in the State List."
40. Thus, from an analysis of Article 246 , it is evident that under Clause (1),
notwithstanding anything contained
under Article 145. Under Article 145
the Supreme Court has framed Rules, 1966 as
noted above. As per Rule 1 of Order 40 an
application ... miscarriage of justice to
exercise the review jurisdiction under Article
137 read with Order 40 Rule 1. There has to be
a material error manifest
Article
21 of the Constitution that the protection of the prisoner would come
within the rights that is needed protection under Article 32. The three ... facts and thereafter adverting to the rights of
the prisoners opined thus:-
“40. Prisoners are peculiarly and doubly handicapped. For one thing, most
prisoners belong
article Nos.9,10 and 11, Salwar, Kurta and
Odhani at the relevant time. She has specifically stated in
the evidence that in Salwar, articles ... article Nos.1,2 and 3 which are shown to
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40 Appeal
articles were taken into custody by Investigating Officer R.S.
Parmar (PW/16) and handed over to the concerned Constables vide
Ex.P/40 ... Sagar vide memo Ex.P/40. He also deposed that he
sent other seized articles as per draft Ex.P/41. He had also stated
been filed under
Article 139A for transferring the Writ Petition No.40 of
2000 pending in the High Court of Judicature at
Allahabad. The writ ... State:
(i) (a)The products which are being transited by them
40
or on their behalf are not Forest Produce since they
have undergone manufacturing
fields’ of legislation. The power to legislate is given by Article 246 and other
Articles of the Constitution. Taxation is considered to be a distinct ... powers, privileges and immunities” of the House, its
members and Committees.
40
Article 194. (1) Subject to the provisions of this Constitution