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1 - 10 of 47 (0.52 seconds)Article 227 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Naresh Shridhar Mirajkar And Ors vs State Of Maharashtra And Anr on 3 March, 1966
βIt is well settled now that a judgment of court
can never be challenged under Articles 14 or 21
and therefore the judgment of the court awarding
the sentence of death is not open to challenge as
violating Article 14 or Article 21 as has been laid
down by this Court in Naresh Shridhar Mirajkar v.
State of Maharashtra (supra) and also in A.R.
Antulay v. R.S. Nayak21 , the only jurisdiction
which could be sought to be exercised by a
prisoner for infringement of his rights can be to
challenge the subsequent events after the final
judicial verdict is pronounced and it is because of
this that on the ground of long or inordinate
delay a condemned prisoner could approach this
Court and that is what has consistently been
held by this Court. But it will not be open to this
Court in exercise of jurisdiction under Article 32
to go behind or to examine the final verdict
reached by a competent court convicting and
sentencing the condemned prisoner and even
while considering the circumstances in order to
reach a conclusion as to whether the inordinate
delay coupled with subsequent circumstances
could be held to be sufficient for coming to a
conclusion that execution of the sentence of
death will not be just and proper.β
Section 149 in Government of India Act, 1935 [Entire Act]
Article 14 in Constitution of India [Constitution]
Hari Vishnu Kamath vs Syed Ahmad Ishaque And Others on 9 December, 1954
30. The High Court, as we find, relied on the aforesaid
decision to form the foundation that unless a Court or a
tribunal is made a party, the proceeding is not maintainable.
What has been stated in Hari Vishnu Kamath (supra), which
46
AIR 1954 Bom 33, 34
47
AIR 1955 Nag. 49
42
we have reproduced hereinbefore is that where plain question
on issuing directions arises, it is conceivable that there should
be in existence a person or authority to whom such directions
could be issued. The suggestion that non-existence of a
tribunal might operate as a bar to issue such directions is not
correct as the true scope of certiorari is that it merely
demolishes the offending order and hence, the presence of the
offender before the Court, though proper is not necessary for
the exercise of the jurisdiction or to render its determination
effective.
Waryam Singh And Another vs Amarnath And Another on 19 January, 1954
Scope of
Article 227 has been explained in several
decisions including Waryam Singh and another
vs. Amarnath and another (supra), Ouseph
Mathai vs. M. Abdul Khadir26, Shalini Shyam
Shetty vs. Rajendra Shankar Patil27 and Sameer
Suresh Gupta vs. Rahul Kumar Agarwal 28.β
The eventual conclusions read as follows:-