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1 - 10 of 14 (0.52 seconds)Abdul Razak Abdul Wahab Sheikh vs S.N. Sinha, Commissioner Of Police, ... on 3 March, 1989
(iii) Abdul Rajjak Abdul Wahab vs. Commissioner of Police (1989) 2 SCC 222;
Rina Sen vs Commissioner Of Income-Tax And Ors. on 18 August, 1998
(v) Rina Sen vs. CIT (1999) 235 ITR 219,225-26 (pat);
R.S. Garg vs State Of U.P. & Ors on 27 July, 2006
(i) R. S. Garg vs. State of UP & Others AIR 2006 SC 2912;
P. Mohanan Pillai vs State Of Kerala & Ors on 23 February, 2007
(ii) P. Mohanan Pillai vs. State of Kerala 2007 AIR 2840;
M.P.State Co-Op.Dairy Fedn.Ltd.& Anr vs Rajnesh Kumar Jamindar & Ors on 15 April, 2009
(iii) M. P. State Co-op. Dairy Fedn. Ltd. vs. Rajnesh Kumar Jamindar (2009) 15 SCC 221.
Kalabharati Advertising vs Hemant Vimalnath Narichania & Ors on 6 September, 2010
(iv) Kalabharati Advertising vs. Hemant Vimalnath Narichania (2010) 9 SCC 437;
Swaran Singh Chand vs Punjab State Electricity Board & Ors on 6 May, 2009
(v) Swaran Singh Chand vs. Punjab State Electricity Board AIR 2010 SC 151;
Ravi Yashwant Bhoir vs The Collector, District Raigad & Ors on 2 March, 2012
(vi) Ravi Yashwant Bhoir vs. District Collector, Raigad (2012) 4 SCC 407.
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
(III) Article 21 of the Constitution lays down that nobody shall be deprived of his life and liberty except according to the procedure established by law. After long judicial debate, it now stands settled that the procedure established by law has to be 'due procedure'(See Maneka Gandhi v. Union of India : (1978) 1 SCC 248). By judicial interpretation, this Court has read the principle of reasonableness into the said procedure contemplated by Article 21, holding that it must be 'right and just and fair' and not arbitrary, fanciful or oppressive. Even as per the statute book, this procedure does not culminate with the dismissal of appeals of the convicts by the final Court. No doubt, when an accused is tried of an offence by a competent court of law and is imposed such death penalty and the said death penalty is upheld by the highest Court, the procedure that is established by law has been followed up to this stage. However, in the statutory framework, further procedural safeguards in the form of judicial review as well as mercy petitions are yet to be traversed. This would also be covered by the expression 'procedure established by law' occurring in Article 21. Therefore, till the time limitation period for filing the review petition and thereafter reasonable time for filing the mercy petition has not lapsed, issuing of death warrants would be violative of Article 21.
This principle though reiterated in a criminal case would apply across the board in civil disputes as well.