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1 - 10 of 13 (0.24 seconds)Vernon vs The State Of Maharashtra on 28 July, 2023
In this
regard, we remind ourselves of recent judgement of
Hon'ble Supreme Court in Elgar Parishad case i.e.,
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W.P.(MD) No.21785 of 2023
Vernon case [Vernon Vs. State of Maharashtra and
another reported in 2023 SCC OnLine SC 885 :
Union Of India vs K.A. Najeeb on 1 February, 2021
2023 LiveLaw (SC) 575], wherein K.A.Najeeb
principle [Union of India Vs. K.A.Najeeb reported
in 2021 3 SCC 713] was reiterated to say that a bail
restricting clause in a Statute cannot denude
jurisdiction of Constitutional Court and that this is a
fundamental proposition.
P.M. Latha And Another vs State Of Kerala And Others on 5 March, 2003
12. It is apposite to mention here that a more or less similar
contention was raised on the strength of L.Wasib Khan's case before a
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Page No. 9 of 18
W.P.(MD) No.21785 of 2023
Hon'ble Co-ordinate Bench of this Court in Latha's case [Latha Vs. The
State rep. by its Deputy Inspector General of Prison, Madurai Zone and
others, dated 29.09.2023 passed in W.P.(MD) No.6398 of 2023] wherein
the Hon'ble Co-ordinate Bench held thus:
Shakila vs The State Represented By Its on 10 February, 2023
Incidentally, another co-ordinate Bench of this
Court, in the case of Shakila Vs. The State represented by
its Secretary to Government of Tamil Nadu, Department
of Home, Fort St.George, Chennai-600 009 and others,
passed in W.P.No.2761 of 2023 dated 10.02.2023, had
rendered a liberal interpretation to Rule 40 and held that
the Rules as such are not absolute. The relevant portion of
the order reads as follows:-
Shah Faesal vs Union Of India on 2 March, 2020
In the context of our aforesaid findings, we are
of the affirmed view that the decision in Wasib Khan is not
in conformity with the Rules, as well as the other binding
authorities referred to by us. If that be so, it is not
necessary to make a reference of Wasib Khan to a larger
Bench, as held by the five Judges Constitutional Bench of
the Hon'ble Supreme Court in the judgment in the case of
Dr Shah Faesal and others Vs. Union of India and
another reported in (2020) 4 SCC 1.