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1 - 10 of 63 (0.40 seconds)Article 161 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
The Indian Penal Code, 1860
Section 354 in The Indian Penal Code, 1860 [Entire Act]
Article 32 in Constitution of India [Constitution]
Epuru Sudhakar & Anr vs Govt. Of A.P. & Ors on 11 October, 2006
41. While examining challenge to the decision taken by the President
under Article 72 or the Governor under Article 161 of the Constitution, as
the case may be, the Court’s power of judicial review of such decision is
very limited. The Court can neither sit in appeal nor exercise the power
of review, but can interfere if it is found that the decision has been
taken without application of mind to the relevant factors or the same is
founded on the extraneous or irrelevant considerations or is vitiated due
to malafides or patent arbitrariness – Maru Ram v. Union of India, (1981) 1
SCC 107, Kehar Singh v. Union of India (1989) 1 SCC 204, Swaran Singh v.
State of U.P. (1998) 4 SCC 75, Satpal v. State of Haryana (2000) 5 SCC 170,
Bikas Chatterjee v. Union of India (2004) 7 SCC 634, Epuru Sudhakar v.
Government of A.P. (2006) 8 SCC 161 and Narayan Dutt v. State of Punjab
(2011) 4 SCC 353.
Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982
“From Bachan Singh v. State of Punjab and Machhi Singh v. State of
Punjab the principle culled out is that when the collective conscience
of the community is so shocked, that it will expect the holders of the
judicial power centre to inflict death penalty irrespective of their
personal opinion as regards desirability or otherwise of retaining
death penalty, the same can be awarded. It was observed: