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Documents citing Mithu, Etc., Etc vs State Of Punjab Etc. Etc on 7 April, 1983

Suhail Rashid Bhat vs State Of Jammu & Kashmir And Others on 25 October, 2019

350. The observations of Chinnappa Reddy, J., in the concurring judgment striking down the law in Mithu v. State support the above observations made by this Court on the challenge to the procedure prescribed under Section 5 of the Act and the mandatory sentence under Section 6 of the Act for a repeat offence in the present case and deserve to be extracted in extenso. These observations of the Learned Judge read thus:
Jammu & Kashmir High Court - Srinagar Bench Cites 164 - Cited by 0 - Full Document

Janhit Manch vs State Of Maharashtra Through Principal ... on 2 November, 2018

83. However, the three-Judge Bench in McDowell [State of ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:31:38 ::: 63 A.P. v. McDowell and Co., (1996) 3 SCC 709] dealt with the binding Constitution Bench decision in Mithu [Mithu v. State of Punjab, (1983) 2 SCC 277 : 1983 SCC (Cri) 405] as follows: (McDowell case [State of A.P. v. McDowell and Co., (1996) 3 SCC 709] , SCC p. 739, para 45) "45.
Bombay High Court Cites 137 - Cited by 0 - A Oka - Full Document

Rajiv Mohan Mishra vs City And Industrial Development ... on 2 November, 2018

83. However, the three-Judge Bench in McDowell [State of ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:30:33 ::: 63 A.P. v. McDowell and Co., (1996) 3 SCC 709] dealt with the binding Constitution Bench decision in Mithu [Mithu v. State of Punjab, (1983) 2 SCC 277 : 1983 SCC (Cri) 405] as follows: (McDowell case [State of A.P. v. McDowell and Co., (1996) 3 SCC 709] , SCC p. 739, para 45) "45.
Bombay High Court Cites 137 - Cited by 8 - A Oka - Full Document

Mayura Maru vs State Of Maharashtra, Through Urban ... on 2 November, 2018

83. However, the three-Judge Bench in McDowell [State of ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:30:57 ::: 63 A.P. v. McDowell and Co., (1996) 3 SCC 709] dealt with the binding Constitution Bench decision in Mithu [Mithu v. State of Punjab, (1983) 2 SCC 277 : 1983 SCC (Cri) 405] as follows: (McDowell case [State of A.P. v. McDowell and Co., (1996) 3 SCC 709] , SCC p. 739, para 45) "45.
Bombay High Court Cites 137 - Cited by 0 - A Oka - Full Document

Vivek Velankar vs The State Of Maharashtra And Ors on 2 November, 2018

83. However, the three-Judge Bench in McDowell [State of ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:31:21 ::: 63 A.P. v. McDowell and Co., (1996) 3 SCC 709] dealt with the binding Constitution Bench decision in Mithu [Mithu v. State of Punjab, (1983) 2 SCC 277 : 1983 SCC (Cri) 405] as follows: (McDowell case [State of A.P. v. McDowell and Co., (1996) 3 SCC 709] , SCC p. 739, para 45) "45.
Bombay High Court Cites 137 - Cited by 0 - A Oka - Full Document

Shri. Bhausaheb Baban Khedkar vs Maharashtra Industrial Development ... on 2 November, 2018

83. However, the three-Judge Bench in McDowell [State of ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:30:45 ::: 63 A.P. v. McDowell and Co., (1996) 3 SCC 709] dealt with the binding Constitution Bench decision in Mithu [Mithu v. State of Punjab, (1983) 2 SCC 277 : 1983 SCC (Cri) 405] as follows: (McDowell case [State of A.P. v. McDowell and Co., (1996) 3 SCC 709] , SCC p. 739, para 45) "45.
Bombay High Court Cites 137 - Cited by 0 - A Oka - Full Document

Shri. Krishna Jotiba Naik vs Maharashtra Industrial Development ... on 2 November, 2018

83. However, the three-Judge Bench in McDowell [State of ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 01:31:09 ::: 63 A.P. v. McDowell and Co., (1996) 3 SCC 709] dealt with the binding Constitution Bench decision in Mithu [Mithu v. State of Punjab, (1983) 2 SCC 277 : 1983 SCC (Cri) 405] as follows: (McDowell case [State of A.P. v. McDowell and Co., (1996) 3 SCC 709] , SCC p. 739, para 45) "45.
Bombay High Court Cites 137 - Cited by 0 - A Oka - Full Document

Ramphal Dangi And Anr vs State Of Haryana And Ors on 12 January, 2018

"45. Reference was then made by Shri G. Ramaswamy to the decision in Mithu v. State of Punjab [(1983) 2 SCC 277: 1983 SCC (Cri) 405] wherein Section 303 of the Indian Penal Code was struck down. But that decision turned mainly on Article 21 though Article 14 is also referred to along with Article 21. Not only did the offending provision exclude any scope for application of judicial discretion, it also deprived the accused of the procedural safeguards contained in Sections 235(2) and 354 (3) of the Criminal Procedure Code. The ratio of the said decision is thus of no assistance to the petitioners herein." A binding judgment of five learned Judges of this Court cannot be said to be of "no assistance" by stating that the decision turned mainly on Article 21, though Article 14 was also referred to. It is clear that the ratio of the said Constitution Bench was based both on Article 14 and Article 21 as is clear from the judgment of the four learned Judges in paragraphs 19 and 23 set out supra.
Punjab-Haryana High Court Cites 49 - Cited by 12 - M Grover - Full Document
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