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1 - 10 of 32 (0.34 seconds)Article 226 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Sharad Bhiku Marchande vs State Of Maharashtra And Others on 7 August, 1990
72. Further, strong reliance has been placed on behalf of learned
counsel for the petitioners on the judgment passed by the Bombay High
Court in the case of Sharad Bhiku Marchande v. The State of
Maharashtra and others : 1990 SCC OnLine Bom 197.
The State Of Gujarat vs Narayan @ Narayan Sai @ Mota Bhagwan ... on 20 October, 2021
33. The learned amicus further relied on the judgement passed by the
Hon'ble Apex Court in State of Gujarat v. Narayan a Narayan Sai @
MotaBhagwanAsaram: 2021 SCC OnLine SC 949; wherein a convict
who was convicted under Section 376 IPC applied for furlough, and the
same was rejected by the DG Prisons., which was later overturned by
the Hon'ble High Court. While setting aside the order of the High Court
(which granted furlough to the convict), the Hon'ble Apex Court held
that a prisoner does not have an absolute legal right to claim furlough.
The grant of furlough must be balanced against the public interest and
can be refused to certain categories of prisoners.
Section 71 in Delhi Prison Act, 2000 [Entire Act]
State Of Haryana & Others vs Mohinder Singh on 7 February, 2000
23. They had also relied upon the judgments passed in Bhupinder
Singh v. Unitech Ltd.: 2021 SCC OnLine SC 320; Rajendra Diwan
v. Pradeep Kumar Ranibala & Anr.: (2019) 20 SCC 143; State of
Maharashtra v. Suresh Pandurang Darvakar: (2006) 4 SCC 776;
State of Haryana v. Mohinder Singh: (2000) 3 SCC 394 and Naresh
Shridhar Mirajkar v. State of Maharashtra: (1966) 3 SCR 711; in
support of their contentions that the text is the best test of legislative
intent unless, it is ambiguous. When the language of the provision is
plain and unambiguous, it is not open for the Court to read into it, any
limitations based on some probable intention of the legislature. Such
intention has to be gathered only from words actually used in the
statute.
State Of Maharashtra & Anr vs Suresh Pandurang Darvakar on 13 April, 2006
23. They had also relied upon the judgments passed in Bhupinder
Singh v. Unitech Ltd.: 2021 SCC OnLine SC 320; Rajendra Diwan
v. Pradeep Kumar Ranibala & Anr.: (2019) 20 SCC 143; State of
Maharashtra v. Suresh Pandurang Darvakar: (2006) 4 SCC 776;
State of Haryana v. Mohinder Singh: (2000) 3 SCC 394 and Naresh
Shridhar Mirajkar v. State of Maharashtra: (1966) 3 SCR 711; in
support of their contentions that the text is the best test of legislative
intent unless, it is ambiguous. When the language of the provision is
plain and unambiguous, it is not open for the Court to read into it, any
limitations based on some probable intention of the legislature. Such
intention has to be gathered only from words actually used in the
statute.
Bhupinder Singh vs Unitech Ltd. on 23 March, 2023
32. The learned Amicus contended that once an appeal/ special leave
petition is preferred by a convict before the Hon'ble Apex Court,
judicial discipline would require all other Courts / authorities to refrain
from exercising powers with respect to the subject matter pending
before the Hon'ble Apex Court. He relied on the judgement passed by
the Hon'ble Apex Court in Bhupinder Singh v. Unitech Ltd.: 2021
SCC Online SC 320; where the Accused persons, after denial of bail
by the Hon'ble Apex Court, approached the High Court, which granted
liberty to the Accused to approach the Magistrate. Upon grant of such
liberty, the Accused persons applied for Bail before the Magistrate,
Signature Not Verified
Digitally Signed
By:HARMINDER KAUR
Signing Date:03.07.2023
18:49:13 W.P.(Crl) 697 of 2022 Page 14 of 32
which directed that they be released. It was held that when an appeal /
special leave petition is pending before the Hon'ble Apex Court, only
that Court would be empowered to consider the prayer of bail, on
account of the principle of judicial discipline.