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Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980

29. With reference to Column 12 of the attestation form, learned Counsel for the writ petitioner contended that his client was never arrested factually and, therefore, the answer given by him in Column 12 as "NEVER" is factually correct and what all the attestation form is seeking is a factual information and not a deemed arrest arrived at by invoking legal fiction. Whatever may be the factual position, the interpretation put upon Section 438 of the Code of Criminal Procedure by the Full Court is legally correct and it is based on the Judgment of the Supreme Court in Gurbaksh Singh v. State of Punjab (2 supra). Therefore, it is not possible for us to say that the view arrived at on 4-10-1993 at the meeting of the Full Court as communicated by the Registrar (Admn.) of the High Court on 6-10-1993 to the Government is legally not sustainable. Having regard to the same, we are not inclined to accept the contention of the learned Counsel for the petitioner.
Supreme Court of India Cites 19 - Cited by 8067 - Y V Chandrachud - Full Document

Chandra Mohan vs State Of Uttar Pradesh & Ors on 8 August, 1966

If in any particular case, the State Government finds it difficult to accept the recommendations of the High Court and has good and weighty reasons in support of the same, it should communicate its views to the High Court and seek the views of the High Court thereon. If, in such circumstances, the High Court is convinced that there are good and weighty reasons for the objections on the part of the State Government, it will reconsider the matter and communicate its views to the State Government. Efficient and proper judicial administration being the main object of judicial appointments, there should not be any difficulty in arriving at consensus between the High Court and the State Government and the problem should be approached in a detached manner. The above principles have been laid down by the Supreme Court in Chandra Mohan v. State of U.P., AIR 1966 SC 1987 and M.M. Gupta v. State of Jammu & Kashmir, .
Supreme Court of India Cites 22 - Cited by 99 - Full Document
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